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This podcast is for HR Professionals, Business Owners, and CEOs who want to learn and discuss the tools, tactics, and strategies that help us create a happier, more productive employee workforce.
1 day ago
How Can You Tell Whether a Worker is an Employee or an Independent Contractor?
In Part 2 of this six-part series, we go into further discussion on employee classification with regards to independent contractors vs employees. We will start by covering the other two other tests which the NLRA uses to determine the employer-worker relationship: The Fair Labor Standards Act (FLSA) Economic Realities Test and the Discrimination Statutes Test. The FLSA Economic Realities Test may apply only to workers designated as employees, not independent contractors. Thus, the proper classification of workers is critical to determine the application of these laws. The employer-employee relationship under the FLSA is tested by economic reality rather than technical concepts. The test examines factors focused on the total activity or situation of the relationship. An employee is one who is dependent upon the business to which the individual renders service The amount of workers’ investment in facility and equipment The nature of degree and control by the principal The amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor The degree of independent business, organization, and operation There are certain factors which are immaterial according to the FLSA: The place where the work is performed The absence of a formal employment agreement Whether the alleged independent contractor is licensed Additionally, the Supreme Court has held that the time or mode of pay does not control the determination of employee status. The Equal Employment Opportunity Commission (EEOC) Discrimination Statues Test is the most stringent of the three tests. It is often used in discrimination cases. The question of whether an employer-employee relationship exists is fact-specific and depends on whether the employer controls the means and manner of the worker’s performance. The factors indicating that a worker is in an employment relationship include: The employer has the right to control when, where, and how the worker performs the job. The worker does not require a high level of skill and expertise. The employer furnishes the tools, materials, and equipment. The work is performed on the employer’s premises. There is a continuing relationship between the worker and the employer. The employer has the right to assign additional projects to the worker. The employer sets the hours of work and the duration of the job. The worker is paid by the hour, week, or month rather than the agreed cost of performing a particular job. The worker does not hire or pay assistants. The work performed by the worker is part of the regular business of the employer. The worker is not engaged in a personally owned distinct occupation or business. The employer provides the worker with benefits such as insurance, leave, or workers’ compensation. The worker is considered an employee of the employer for tax purposes. The employer can discharge the worker. The worker and the employer believe that they are creating an employer-employee relationship. This list is not exhaustive. Other factors may affect the determination of whether or not the employer-employee relationship exists. To be considered an employee, not all or even a majority of the items on the list need to be met. Rather, the determination must be based on all the circumstances in the relationship between the parties, regardless of whether the parties refer to it as an employee or an independent contractor relationship. In Part 3, we will go into salary vs hourly choices.
2 days ago
What is in the New Q&A Released by the Department of Labor on COVID-19?
In this episode, we discuss the new Q&A released by the Department of Labor around Coronavirus, particularly with regards to labor-related scenarios. QUESTION #1: How many hours is an employer obligated to pay an hourly employee who works a partial week because the employer’s business is closed? Under the Families First Coronavirus Response Act (FFCRA), an employer has obligations to provide leave in a variety of cases. But what if you have to close your business? The Fair Labor Standards Act (FLSA) generally applies to the hours actually worked. It does not require employers who are unable to provide work to nonexempt employees to pay them for hours the employees would have otherwise worked. QUESTION #2: If an employer directs salaried exempt employers to take a vacation or leave without pay during office closures due to a public health emergency, does this impact the employee’s exempt status? No. Exempt employees who are salaried generally must receive their full salary in any week that they perform any work, subject to certain very limited exemptions. The FLSA does not require employer-provided vacation time. However, when an employer offers bonafide benefits or vacation time to their employees, there is no prohibition on an employer requiring that vacation time be taken on specific days. QUESTION #3: What are an employer’s obligations to an employee who is under government-imposed quarantine? The U.S. Department of Labor’s Wage and Hour Division (WHD) encourages employers to be accommodating and flexible with workers impacted by government-imposed quarantines. They can offer alternative work arrangements such as teleworking, work-from-home, and additional paid time off. However, they are under no obligation to retain them. If the employee is ill or is taking care of someone who is ill, this falls under the FFCRA. If a quarantine order prohibits employees from physically going to work, this falls under the answer to Question #1. QUESTION #4: How many hours per day or per week can an employee work? The FLSA does not limit the hours per day or per week that employees aged 16 or older can be required to work. However, employers must pay for overtime. QUESTION #5: Can an employee be required to perform work outside the employee’s job description? Yes. The FLSA does not limit the type of work that employees aged 18 or older can be required to perform. QUESTION #6: May an employer encourage or require employees to telework or work from home as an infection control strategy? Yes. Telework can also be a reasonable accommodation for high-risk employees (i.e. asthmatic, overweight, etc.). Employers cannot single out employees to telework or continue reporting to the workplace on a basis prohibited by any of the Equal Employment Opportunity (EEO) laws. QUESTION #7: In the event that an organization bars employees from working from their current place of business and requires them to work from home, will employers have to pay those employees who are unable to work from home? Under the FLSA, employers generally only have to pay employees for the hours they work, whether at home or at the employer’s office. However, employers must pay at least the minimum wage for at least all hours worked and at least time-and-one-half the regular rate of pay for hours worked in excess of 40 hours a week. Salaried employees must receive their full salary in any week in which they perform work with very limited exemptions. QUESTION #8: Are businesses and other employers required to cover any additional costs that an employee may incur when they work from home (i.e. internet connection, phone lines, security, electricity, etc.)? We have to break this down into those who are covered by the FLSA and those who are not. Employers have no obligation to cover expenses incurred by salaried FLSA-exempt workers. For those who are covered by the FLSA, the employer cannot be required to pay for or reimburse the employee for items that fall...
3 days ago
What Are the Changes to the Affordable Care Act in 2020?
In this episode, we discuss the Affordable Care Act in 2020. This year’s changes include the suspension of the penalty for the individual mandate. While the penalty is now $0, note that it is still illegal to not have health insurance. The affordability percentages have likewise changed as of July 2020. We will go into the affordability requirement under the ACA. There are three contexts to the affordability of an employer’s plan which have recently changed: The employer shared responsibility penalty for applicable large employers (also known as the payor play rules or employer mandate) An exemption from the individual mandate tax penalty for individuals who fail to obtain health coverage The premium tax credit for low-income individuals to purchase health coverage through an Exchange Today, we will focus on the first and the last of these changes. The Affordable Care Act applies to individuals, as well as employers with more than 50 full-time equivalents. This means that, if an employer has more than 50 full-time employees, they need to calculate their number of full-time equivalents. The IRS established an affordability percentage. If you are an Applicable Large Employer (ALE), you have to provide Minimum Essential Coverage (MEC), and it has to be affordable to your employee. This was changed from 9.5% in 2013 to 9.83% going into 2021. Make sure to check for the new rate for the year every July. If you are not an ALE (i.e. small business, sole proprietor, etc.), the 9.83% still matters, and this percentage is the maximum that you can pay for affordable coverage as long as you make 400% of the Federal Poverty Level (FPL) or less. In this case, you will need to avail of individual health insurance on HealthCare.gov (https://www.healthcare.gov/).
4 days ago
1099 NEC – What is it, and why is the 1099Misc Dead?
What is the Difference Between Form 1099-MISC and Form 1099-NEC? In Part 2 of this six-part series, we discuss the important differences between Form 1099-MISC and Form 1099-NEC which made its return in the 2020 tax year after a 38-year absence. Form 1099-MISC, meaning Miscellaneous Income, is an information return that businesses use to report payment types, such as payments made to independent contractors. You can also use Form 1099-MISC to report other payments, like royalties and rents. It is similar to a Form W-2, but specifically for independent contractors. Form 1099-NEC, meaning Nonemployee Compensation, is not a replacement for Form 1099-MISC. It is only used in place of Form 1099-MISC for reporting independent contractor payments starting in 2020. Form 1099-NEC was brought back after 38 years to separate nonemployee expenses and clear up confusion for both the taxpayer and the IRS. Nonemployee compensation uses the following payment types to independent contractors: ● Fees ● Commissions ● Prizes ● Awards ● Other forms of compensation for services Make sure to separate 1099-NEC payments from other 1099-MISC payments, and only make a submission if you have paid the worker $600 or more in nonemployee compensation. Like Form 1099-MISC, there are multiple copies of Form 1099-NEC which you must distribute. Send these five copies to: ● Copy A: The IRS ● Copy A1: State tax department, if applicable ● Copy B: Independent contractor ● Copy B2: Independent contractor ● Copy C: Keep in your business records When you hire an independent contractor, they will fill out a Form W-9 (employees fill out Form W-4). The employer will use the information on Form W-9 to report nonemployee compensation at the end of the year. When filling out Form 1099-NEC, include the following information: ● Business’s name, address, and phone number ● Business’s TIN (Taxpayer Identification Number) ● Recipient’s name, address, and TIN ● Total nonemployee compensation ● Federal and state income tax withheld Keep in mind the new due date for Form 1099-NEC. Starting in 2021, the employer should send copies to the IRS, as well as to workers they have paid nonemployee compensation to, by February 1. Form 1099-MISC, on the other hand, is due on February 28.
5 days ago
Independent Contractor vs EE, How Can I Tell?
In this six-part series, we take a look at employee classification. When looking to hire for your business, it’s important to look at whether you’ll be taking on an independent contractor or a traditional employee. You’ll also need to decide whether the job is going to be FLSA Exempt or nonexempt and, finally, whether you’re hiring for a full-time or part-time position. In Part 1, we discuss why people misclassify employees and outline the ways we distinguish between employees and independent contractors. Why is employee classification important? Consider this: Depending on the state, 10% to 20% of employers misclassify at least one employee, which has huge financial repercussions and is the most likely Department of Labor complaint a small business will face. Independent contractors (not to be confused with employees under contract) are employees who have contractual agreements to complete jobs and have complete control over their job performance. They reduce human resources, payroll, bookkeeping expenses associated with employees, and they reduce the overall number of employees (which eliminates the employer’s need to comply with certain statutes). The National Labor Relations Act (NLRA) uses the Common Law Agency Test to decide whether a worker is an employee or an independent contractor. Among the factors which indicate the existence of an employment relationship includes: An employer controls the details of work performance. An employer provides work supplies and a place to work. A permanent working arrangement exists with the employer that will ordinarily continue as long as performance is satisfactory. Among the factors which indicate the existence of an independent contractor relationship includes: Workers are engaged in a separate business or occupation, particularly if they are professionals. A specialist does the job without supervision at the workplace. The worker defines the time required for a workday rather than abiding by a typical company workday. The job requires a high level of skill. The employer pays the worker for each, individual job completed. The worker is engaged in a personally owned business. In Part 2, we dive into the two other tests which the NLRA uses to determine the employer-worker relationship: the FLSA Test and the Discrimination Statutes Test. Thank you for tuning in.
Jul 21, 2020
People Processes Interviews: How to Set and Measure Short and Long-Term Company Goals in Times of Uncertainty with Kathy Bowman Atkins
Every business has put together multi-year strategies, and from there worked backward to establish short-term goals. With the unexpected impact of COVID-19, many of these big picture plans lost steam. This is particularly true for small businesses. While a number of larger companies may have the resources to continue to scale in spite of the current situation, a good amount of those operations with no more than a few dozen employees are fighting just to survive. How can companies of any size adapt their vision and execution to the unique challenges affecting 2020 and beyond? Today’s guest answers that question. We have interviewed Kathy Bowman Atkins, Founder, and CEO of The Lattitude Group. She helps other CEOs and business leaders set the course for their business. She has perfected the process for change and does something that most consultants don’t: follow-up and follow-through. 1) What led you to where you are now professionally? Like many other consultants, I started my career in corporate America and ended up as an executive doing mergers and acquisitions for a Fortune 100 company. I was traveling 80% of the time all over the world and had parents with very severe illnesses, so I decided to take a break for about 10 months along with a colleague who was experiencing much of the same. We put our heads together and planned for our future. We realized that our strengths in corporate America were setting a vision and inspiring people to it, and recognizing the potential in people who couldn't see it in themselves and helping them realize it. That’s what led us to start The Lattitude Group. 2) How should small business owners proceed in the wake of COVID-19? We’re a very long-term, strategic company. We traditionally look at the five-year plan then break it down into smaller timeframes, but because of COVID-19, we have to do a reversal of that due to all the uncertainty. Don’t worry about your five-year vision, because we don’t know enough to predict what’s going to happen. Instead, let’s talk about the next six months. We put together a three-part process for this that depends on where your business is. We’re looking at the projections and asking what’s the worst-case scenario, financially. What opportunities have been missed and what can be capitalized on within the next six months? We help them define those and then execute them, all the while helping them with accountability and change management. Weekly, we’re going to set one or two metrics that you’re going to absolutely manage. If those metrics go off-kilter, we make changes. That’s the way it is. Once we get through those six months, we then talk about what the future holds. Then it’s another six-month plan. By the end of 2021, we can start looking at big, strategic things. Otherwise, we plant stakes in the ground and start planning around that. 3) What would you advise those established companies that are actually ready and eager to scale even during COVID-19? We have colleagues in the large format printing business. That market has become somewhat soft right now, but as it turns out, their equipment can make plexiglass. Their business is now booming thanks to their making the shift to creating plexiglass for a variety of companies. There are a couple of questions that you, as a business owner, need to ask upfront: Is this our new business (and it most likely is not) and does this sustain us such that we can actually think about what to do when our traditional business comes back so that we’re better prepared coming out of COVID-19 than we were going into it. We have to talk to the owners and ask them why they’re doing business and what they’re trying to accomplish for themselves. They should also define what they’re willing to do and not do to get there—in other words, their values. The owners get the first take of where the business goes because they put in real equity and sweat equity. We then interview their employees and ask them what their...
Jul 15, 2020
People Processes Interviews: How to Prevent Bad Moments from Turning Into a Bad Day with Michael O’Brien
Everything that happens in life is neutral until you put a label on them. Listen in as today’s guest shares how he was able to turn a near-death experience into a catalyst that shaped his life’s purpose: to help corporate leaders and their people build resiliency. We have interviewed Michael O’Brien, executive business coach, TEDx speaker, author, and Chief Shift Officer at Peloton Executive Coaching. His mission? To help leaders prevent bad moments from turning into a bad day. 1) Can you recall your worst day as a leader and entrepreneur? A couple of stories come to mind. My “last bad day” was when I got hit head-on by an SUV when I was out on a bike training ride. Another one was early on in my entrepreneurial life. I spent 22 years in corporate America. The last job I held was General Manager for sales and marketing operations for a global pharmaceuticals company. I was doing pretty well, but I decided to follow my purpose and passion by starting my executive coaching career. In 2016 I was a year and a half into it. I was preparing a talk one day but didn’t have a lot of prep time due to family reasons. The talk was an absolute disaster. 15 minutes into it, I just lost my way, and for the first time in my professional life, I had to say, “Can we stop?” I just wanted the whole day to be over. Later, I was in my car and called my wife to tell her that I stunk up the joint. She told me that I was probably making a bigger deal out of it than it really was. I thought that my whole career as an entrepreneur was over. When I got home, I wrote a blog post and recorded a podcast in order to turn my experience into a teaching moment that I could share with others. That day taught me about resilience and using lessons from my setbacks to lead me down a better direction. By the way, that company stayed as one of my clients because it was such an authentic moment for them. 2) You talk about another story on your website that really set the stage for how you view resiliency today. Can you tell me about that? This is my origin story. It was July 11, 2001. I was out for a company offsite in New Mexico. I decided to bring my bike since I had a goal to cycle through all 50 states. That morning, I came around a bend, and a Ford Explorer was fully in my lane, traveling around 40 miles an hour. I didn’t have enough time to avoid him. I remember hitting his grill, into the windshield I went and came to the asphalt below as he came to a halting stop. I regained consciousness surrounded by EMTs, and I knew that my life was in the balance. Throughout my whole life, I thought I was following the script, adhering to the letter of the law. In reality, I was chasing happiness by comparing myself to others and keeping up with the Joneses. And now, here I was, on the cold, desert asphalt of New Mexico fighting for my life. As they brought me to Albuquerque, I told myself that, if I got through this, I would change how I lived my life. When my doctor told me that my future was uncertain, I thought I’d never been happy again. I stayed in that funk until a mentor told me that everything in my life is neutral until I label them. Nothing has meaning unless I give it meaning. I could stay a victim, or decide to rise up. That, to me, was a big “ah-ha” moment. I believe that an accident happened to me, not to me. It helped me lead in a different way that allowed me to get into the executive suite at a very young age. I credit my recovery as a big driver in helping me reshape my life—shifting my life if you will. 3) What exactly were those new paradigms that helped you climb the ladder in the corporate world? One of the big ones was spending some time each day just being quiet and being present. Some people can call it “meditation” or “mindfulness”. I didn’t think of it that way. I grew up doing sports and knew that the mind was very important; so I knew that if I could get my mind right, I could get my body right. Every morning, I get quiet and...
Jul 10, 2020
People Processes Interviews: How to Find the Right Team Members for Your Organization Amid Trying Times with Ira Wolfe
Turbulent times paralyze the majority. The remaining few see strife as an opportunity to claim what many are not able to see just yet. We see this playing out today in the business world, a few months into the world-shaking effects of COVID-19. While countless companies have folded, others have embraced the realities of VUCA and steered their strategy toward rebuilding their teams through strengthening their employment culture and maximizing relevant technology. What exactly are these companies doing to thrive in the New Normal? Today’s guest answers that question. We have interviewed Ira Wolfe, workplace futurist, recruitment marketing strategist, employee selection expert, author, TEDx speaker, and President of Success Performance Solutions since the company’s inception in 1996. 1) What is VUCA and how does this idea give us a peek at the future of work? VUCA originated in the early 90s following the fall of the Berlin Wall. The U.S. military realized that the world was changing fast and that our enemies would no longer be countries or sovereign states. Instead, we would be facing terrorism which knows no boundaries. So the war colleges came up with a war strategy for the future which determined that the environment was going to be Volatile, Uncertain, Complex, and Ambiguous. Over the years, VUCA has become popular with business strategy, mostly at the C-level. The question is, “How do you manage a business in a volatile, uncertain, complex, and ambiguous world? 2) What was your worst experience as an HR futurist and how did you overcome it? I’ve been through many tough times, and at the moment, they felt terrible. People always tell me that I’m a skeptic, and I’d add that I’m a realist, but I always see opportunity in the crisis. I’ve been in this business for 25 years. I started out as a dentist. If you watched my TED Talk where I talk about change, very early on I say that I love everything about dentistry but dentistry. I loved running the business. I loved working with people. I loved building my team. I loved helping people become healthier. I loved educating people. I just didn’t love doing the work. I started my practice in 1980 on credit. There was a shortage of silver at a time when dentists used silver fillings and X-rays. I was also in a town of 5000 people with 11 dentists. Finally, the first case of HIV in America is of a person who died in a dental office. So, that was certainly a challenging time, but I adapted to every situation and made things work for my business regardless. My philosophy to overcome personal and professional challenges like this is Bob Johansen’s VUCA Prime, a response to VUCA which stands for Vision, Understanding, Clarity, and Agility. This requires shifting from a fixed to a growth mindset: being open to all the different ways I can turn setbacks into opportunity. 3) What is today’s primary challenge faced by organizations that are looking to grow or expand? If you asked me this six months ago, I’d have said that organizations struggled to find good people. All of a sudden, as of Monday this week, we had 45 million unemployed. So, the challenge now is three-fold: skill shortage, cultural fit, and automation. The economy will continue to struggle for up to a year, and so companies need to be prepared with fielding the countless candidates that are looking for work. You need to have the right technology to go through the numbers and make sure that you hire not just for skill but for the integrity of your employment brand. 4) What are the steps that a company should take when evaluating applicants while staying true to their employment brand? The first step is to get the word out about the opening. In my book Recruiting in the Age of Googlization, I came up with the acronym REACH. How do you reach people? That means asking, “Where would the people that you’d like to hire hang out?” (HINT: Top talent doesn’t hang out at Indeed.com. They hang out at networking events and...
Jul 7, 2020
People Processes Interviews: How to Become a Better Leader by Being Inwardly Sound and Others-Focused with Tim Spiker
Focus the organization and fuel the people. It’s easy for leaders in business to get caught up in managing others and accomplishing tasks over connection and introspection. As we learn in today’s episode, 77% of leadership comes from who a leader is, and not what they do. Our guest presents a case—backed up by industry data and statistics—for becoming inwardly sound and others-focused as the two key traits of the most efficient and effective leaders. We have interviewed Tim Spiker, a leadership advisor, author of The Only Leaders Worth Following (2019), and the founder and President of The Aperio. 1) What role do systems and processes play in your who, not what principle? There is a process by which people can grow and develop into better human beings. When we look at leadership development, our process is aimed at making people more well-developed human beings because it creates a better bottom-line result. 2) What’s the broad idea behind how “77% of leadership comes from who a leader is, and not what they do”? I worked for a consulting firm, and we would put leaders through a series of leadership assessments and experiences on the West Side of Pike’s Peak. Inevitably, we’d get questions from them like, “What’s the magic mix of personality and natural ability that helps to create a more effective leader?” We had enough data to look into that question; so we crunched the numbers and discovered that there was no correlation. However, our analysis did find some other correlations. We had eight aspects of leadership that were being measured on our assessment. What the software run had found is that just two of those areas were accounting for almost 70% of the variability on the assessment. If you divide a pie into eight pieces, any two pieces should only be worth 25%. Years later, when we had ten times the number of data points, another analysis was run and found that those two areas had gone up to 77% in accounting for the variability of the assessment. I realized that those two aspects of leadership that were driving all of that variability were a function of who you are as a leader, as opposed to what you do. 3) What do you mean by “who you are”? We have a whole lot of stereotypes around what the “ideal” leader looks like, most of which are true. By “who”, we mean inwardly sound and others-focused. These two traits materially impact everything that we do as leaders in a positive way. It’s not that what we do doesn’t matter. It’s that what we do is highly impacted by how inwardly-sound and others-focused we are. And a huge part of that is being secure in who you are as a leader. 4) What was the worst experience you ever had on your journey as an entrepreneur and leader? There was once an opportunity where I was working in an organization, and the person that I reported to was part of the executive committee. One day, at an executive committee meeting, I was asked to do a presentation on somethings that we were working on, and there was a snippet of a detail where I had said something different than the person I was reporting to. This person was very concerned about how others in the room might perceive that difference, even if it was just a minor detail. My boss talked to me afterward and when we got to the topic of that part of the meeting and he got really quiet before saying that it was time for me to start protecting both him and myself. After that, I had to provide reports every single week detailing every single thing that I was doing. After a few years, I realized that I had to move on from this really unhealthy, insecure leader who was lacking in self-awareness. 5) What advice would you give to those who might be in a similar situation that you were in at the time? The simplest answer to tell them is, “Hey, this isn’t going to get better. You might as well start looking elsewhere right now.” This brings to mind the quote: “When somebody shows you who they are, you should believe them.” It’s a bit of a...
Jul 3, 2020
People Processes Interviews: How One-On-Ones Managed via a CRM Exponentially Increases Productivity
Spend your energy wisely. Automation, and any other duplicatable process, allows you to minimize the time it takes to execute your processes and frees up time for you and your team to think about how you can improve those same processes. The more value you can extract from a single hour of your day, the greater the outcome that you are ultimately trying to achieve as a company. Conducting one-on-ones with every single member of your team not only creates a culture of transparency; it potentially transforms the quality of your output almost overnight. But how can you incorporate one-on-ones in a repeatable, time-efficient way? Today’s guest answers that question. We have interviewed Stephanie Scheller, the founder of Grow Disrupt, to discover best practices for setting up a system that allows you to spend your energy entirely on what you love to do while keeping your business growing. 1) What led you to become a business and leadership coach? I’ve always had this obsession with processes, even when I was young. I remember reading the Cheaper by the Dozen books and being amazed at how the dad was able to buy his family a massive house by providing feedback on how to streamline processes. After college, I had a lot of experience as a marketing consultant, as well as a salesperson, before I decided to start my own sales training business, which eventually shifted into a consultancy for small businesses. 2) What were some of your worst experiences as an entrepreneur? A year and a half after starting my sales training business, I realized that it wasn’t what I wanted to do for the rest of my professional life. I wanted to be a business trainer and put together business events. Someone suggested that I put on an actual event. So I recruited a bunch of speakers for our very first Grow retreat back in 2016. It was a good event, and I enjoyed putting it together. It was freeing to discover that I didn’t have to be the expert—I could just hire the experts and provide the tools that business owners need to grow their companies. So, we’re coming up on next year’s retreat. It was late at night and I was stressing out because we were lacking money. I needed to sell more tickets just so I could break even. I added up all the bills I needed to pay off by the end of the year and realized that I needed to get paid about $90,000 in three months. I’ve never even made $30,000 in a single month at that point. I couldn’t sleep that night. 3) How did you solve that problem? I didn’t have a ton of tools at my disposal to deal with that at the time. Around 1:30 the next morning, I sat up in bed and picked up my laptop because I couldn’t sleep. The only thing I could think of doing was to make posts on social media. I texted my coach later for help. We sat down and he gave me a handful of strategies. One of them was to go back to my list to run what we call the “marketing touch strategy”. We had a list of about 800 people. If I sold all of my tickets for the event, I’d be fine. I reached out to everyone on that list and followed up accordingly. I actually hired an assistant, Rachel, who would run our marketing touch strategy by sending emails and setting up appointments on my behalf. 4) If you could talk to yourself four years ago and offer just one system to make your entire process more efficient, what would that system be? For a long time, I only did marketing and sales coaching. People would ask me about how to manage their people, and I always replied that you need to run one-on-ones with your team. Cover these three things: 1) What’s gone well over the last period (weekly or monthly); 2) What could have been improved; 3) What are the goals for the upcoming period? 5) What’s the importance of doing these one-on-ones? My team and I are constantly communicating and we’re all on the same page. But the reason we do the one-on-ones is that it creates a very specific safe space for them to come to me with problems of what I’m doing, as...
Jun 30, 2020
PPP Forgiveness New App Walkthrough
[vimeo 430717492 w=640 h=360] Vimeo (https://vimeo.com). I'm going to show you a little bit about the New PPP Forgiveness Applications. There are now two of them. One an EZ version, one a full version, we're going to talk about which one you should use, and then we'll walk through them. So to get started, we have the four documents that you need to download. I'll include them in the email that you probably got when you're looking at this. There is a forgiveness calculation form. You can consider this the full application. It's only five pages, but it's got some complexity to it. The 3508EZ, which is the quick and EZ form, just three pages, and then there are instructions for each one. So let's start with instructions for how to choose which form to use. If you fall under at least one of the three boxes below, at least one, you can do the EZ form, you do not submit the instructions with the form. It's just, here's how it works. So, Number 1, excuse me. If you are a self-employed indi…
Jun 26, 2020
Transgender Rights, ACA Section 1557
We're gonna be talking about two things that have happened in the last week. On June 15th, the Supreme Court issued some landmark federal civil rights laws, rulings that have affected Title VII of the Civil Rights Act of 1964. It prohibited discrimination based on sex. But they have now determined that that includes gay and transgender employees. So we're gonna talk about how that affects things. However, on June 12th, the US Department of Health and Human Services issued a final rule implementing Section 1557. That's a civil rights provision of the Affordable Care Act that's related to nondiscrimination in all federally funded health care. So what are these things do? Alright. Section 1557 on the ACA limited the ways you discriminate internally with benefits. So benefits can't unduly benefit men over women, different races, those sorts of things. In the original language, it also included gender identity and termination of pregnancy as being included in sex discrimination. And it ha…
Jun 23, 2020
OSHA Strikes Back
[vimeo 422432919 w=640 h=360] Vimeo (https://vimeo.com). And today, we're going to be taking a look at some new OSHA updates that have come down the way. So let's dive right in. So the first thing to know is that during the COVID-19 crisis, OSHA has been heavily criticized for its lack of response, they've been considered missing in action by many people who watch the industry. What has happened is that they are now going to start enforcing COVID-19 reporting for all employers across the United States. So as non-essential workplaces have begun to reopen or prepare to reopen across the country, OSHA has updated its guidance to provide for more on-site inspections and enforce record-keeping and reporting requirements against all employers. This again comes because they've been criticized. And so what happened on May 18th is the AFL-CIO largest union in the world, I believe at least the United States sued the agency on May 18th. They asked the DC court of appeals to step in and getting fo…
Jun 19, 2020
New PPP “EZ” Forgiveness Application
Due to the PPP Flexibility Act, the SBA has released updated forgiveness applications. Yes, I said applications, because they have now released an "EZ" version, along with the more complex original. Below is a video I put together to help you determine which application you should use, along with links to the apps and instructions! [vimeo 430717492 w=640 h=360] Vimeo (https://vimeo.com). FA$TRAK BORROWER INFORMATION FORM (https://drive.google.com/file/d/1UXUH9VNOyFstVcw8iLDuhbeU6YMzjjtI/view?usp=sharing) PPP Forgiveness Application 3508EZ ( Revised 06.16.2020) (https://drive.google.com/file/d/1Urjva2k9TpUya64X-v95ev8uwvVmMOWV/view?usp=sharing) PPP-Loan-Forgiveness-Application-Form-EZ-Instructions (https://drive.google.com/file/d/1UacQ0Hqd23OwXGsop1oo5hw984ucNKwh/view?usp=sharing) PPP-Loan-Forgiveness-Application-Instructions_1_0 (https://drive.google.com/file/d/1UWt4cjNXftx_S-He1A8Sn4gQMgaFrs-J/view?usp=sharing)
Jun 17, 2020
People Processes Interviews: The Benefits and How-Tos of Hiring Filipino VAs with OnlineJobs.ph founder John Jonas
The idea of outsourcing work used to be a questionable practice, whether for ethical reasons (i.e. exploiting lower wages) or patriotic ones (i.e. stealing jobs from Americans). Today’s guest explains why these concerns are nothing more than misconceptions, and why hiring VAs, particularly from the Philippines, is becoming more popular with U.S. companies today than ever before. While many small businesses now see the potential value in outsourcing, the process itself may seem daunting. What are the differences between the online and in-person hiring process? How can you make sure that your VA is using their time wisely? What should American employers keep in mind when communicating with Filipino employees? Today’s guest answers those questions and more. We have interviewed John Jonas, the founder of OnlineJobs.ph, to discuss the step-by-step process for scouting for, interviewing, hiring, and managing Filipino VAs. 1) How has outsourcing changed in the last 11 years that you’ve…
1 hr 2 min
Jun 10, 2020
Many states have made laws that PRESUME COVID-19 happened at work
Today, we're gonna be talking about the fact that many states have made laws that presume COVID-19 was contracted at work and makes you liable via workers' comp for any contraction of COVID-19. We're gonna talk about that and we're gonna talk about how to fight back against that argument and what would happen if you were to have a claim. First though, please subscribe to our podcast. You can find us on iTunes, Google podcast, Spotify, Stitcher, pretty much any podcatcher of your choice. You can also subscribe to peopleprocesses.com, which will give you exclusive subscriber-only content. Now, let's dive into this. California Governor Gavin Newsom has signed an executive order creating what they're calling a rebuttable presumption to receive workers' compensation benefits, that employees who test positive for COVID-19 contracted the virus at work. Now, what that means is they have created an executive order that says, if you got COVID-19 and tested positive, there is a presumption that…
Jun 4, 2020
PPP Loan Forgiveness Application
Today we're going to be taking a look at the PPP Loan Forgiveness Application, which was released on Sunday, May 18. We're going to go through it. I am recording a video of this as well, which will allow us to, if you'd like on our website, I'll have a link to the video. We'll have our standard transcript. We'll have a link to the forgiveness application itself. But if you'd like to watch a video where we go through it together, that would be awesome. As I said, I'm going to record that, and this way we can work on it together and kind of go through it piece by piece. So open that up now. Now, in the meantime, if you haven't already, please subscribe to our podcast and notifications at peopleprocesses.com we're also available on iTunes, all the podcatchers of your choice, Google podcasts, Stitcher, whatever you'd like Spotify, check us out on there so that you know when we have great updates like this. Now, I'm going to switch over and I'm now sharing my screen. So let's take a loo…
May 29, 2020
People Processes Interviews: David Veech
Today we're going to be interviewing David Veech. David teaches leaders how to love, learn, and let go so they can create a workplace that fully engages the creative and productive powers of their people. He learned through 20 years of service in the army and is still learning after 20 years of being in the consulting and training space. His messages will hopefully inspire you and your teams to obliterate obstacles, accelerate innovation, and evaluate performance, leaving everyone motivated and engaged for the future. We're very excited to have him here. Before we do though, I want to ask you, please subscribe to our podcast. You can find us on iTunes, Google Podcasts, Spotify, Stitcher, pretty much any podcatcher of your choice. You can also subscribe at peopleprocesses.com which will give you exclusive subscriber-only content, including a quick summary and checklist after this interview of some of the key highlights. David, thank you so much for coming on, Sir. Welcome to the show.…
May 19, 2020
People Processes Interviews: Cindy Ogden
At some point, businesses big or small will run into the issue of wasted time which, by extension, turns into wasted money. Usually, it’s a case of the business owner or a manager becoming too involved with tasks that ought to be delegated to others. To address such cases, time analyses should be conducted to identify the issues, which should then be documented. This can be as simple as taking out a piece of paper and writing down your observations. Many small business owners, however, lack the time or inclination to do this. Larger businesses, on the other hand, tend to have so much documentation piled up over the years that extracting the right solutions from this heap of information may become overwhelming. Even if they already have processes in place, other possible obstacles include adoption, usability, or effectiveness. In either case, it may help to enlist the services of a third-party organization. FUEL it was created to tackle these common challenges faced by businesses of a…
May 15, 2020
People Processes Interviews: James Sinclair
James Sinclair is the CEO and co-founder of the EnterpriseAlumni as the market-leading alumni in the retiree engagement platform. EnterpriseAlumni is a multinational software corporation that develops enterprise software that manages corporate alumni and retirees of large companies like Google, P&G, Pearson, etc. James has a background in large enterprise innovation and has worked for companies like IBM, SAP, and EDS. He also contributes to media on the future work of large enterprise innovation and entrepreneurship. What Do You Think About the World of People Working for The Same Company Being Over? The reality of this situation is that people are more mobile, they are more willing to move. They don’t feel the need to stay with a company for life as our fathers or grandfathers did. As there are more opportunities in the market, there is more desire and value in moving elsewhere and getting a diversity of experience. People are going to move jobs, often. There is a saying…
May 12, 2020
Checklist to Get Ready to Reopen
Today, we're going to actually dive into a checklist, which will be available on our website of great information to reopen. It's our return-to-work checklist and I'm so excited to be talking about this. We may not be all there, we're not all be reopening coming up soon, some of us may have never shut down. But this episode, we're going to talk about some of the steps you can take to get ready for that. Before we go too deep, though, I want to ask you, please subscribe to the podcast. You can find us on iTunes, Google Podcasts, Spotify, Stitcher, pretty much any podcatcher of your choice. You can also subscribe at peopleprocesses.com which will give you exclusive subscriber-only content. This is going to have on our website People Processes. There's a link to actually download the checklist that we're going to be going through here on the podcast today. Podcasts are great, but sometimes you just need to download it. You will have to drop your email in to get it. If you're already subsc…
May 8, 2020
Common Mistakes with COVID that have already caused lawsuits
Today, we're gonna be taking a deep dive into Five Wage and Hour lawsuits that we're seeing from actions employers took related to COVID-19. We just want to go through these, hit the highlights, see if there's a place you can fix this now before people start contacting lawyers. Before we go too deep, I want to ask you please subscribe to our podcast. You can find us on iTunes, Google podcast, Spotify, Stitcher, pretty much any podcatcher of your choice. You can also subscribe at peopleprocesses.com which will give you exclusive subscriber-only content. I look forward to seeing you there. Now, let's dive in. Employers are forced to make tough decisions often at really fast speeds as they operate during the pandemic and resulting economic shutdown that we've had by making tough decisions without consulting legal counsel. Well, people can get involved in very expensive lawsuits specifically Wage and hour suits. Particularly, class actions are the most common and expensive for employers.…
May 4, 2020
Unemployment Vs Furlough
Many companies, now that the PPP funds have been distributed, are making the big decision this week on whether to layoff employees or not. I wanted to bring another option to the table to protect your team when they can not work. Obviously, the "best" option for the employee is paid leave, but that’s unaffordable for some small businesses (see our info on the FFCRA to see if that could help though!). Furloughs, on the other hand, allow employers to cut labor costs without severing that relationship fully. What is a furlough? A furlough is a suspension from work without pay for a finite period of time. It can be mandatory or voluntary. While public and private institutions can both furlough employees, you’re probably most familiar with them at the federal level. Workers are often furloughed as a cost-saving measure during a government shutdown. It also happens sometimes when labor organizations can't come to an agreement or budget with the employer. Organizations do this when they d…
Apr 28, 2020
Unemployment and the PPP
Today, we're going to be diving into the interactions between Unemployment and the Paycheck Protection Program or the CARES Act. We're going to talk a little bit more about that in just a second. But before we go too deep, please subscribe to our podcast. You can find us on iTunes, Google podcast, Spotify, Stitcher, pretty much any podcatcher of your choice. You can also subscribe at peopleprocesses.com which will give you access to subscriber-only content, lots of links on these pages, supporting documents, checklists and special discounts on things like our in-depth deep dive into the termination process, including 30 and 32 part lesson, state-specific information, all the forms you need. If you wind up going down the route of layoffs or terminations could be super helpful for you. For that, we have a 50% coupon code for subscribers to bring that price down a ton. Now let's dive in. The CARES Act has had far-reaching implications for our clients and listeners. I, personally, have t…
Apr 24, 2020
People Processes Interviews: Rocky Romanella
Today we're going to be interviewing Rocky Romanello. He has had an illustrious career spanning more than 40 years focused on supply chain logistics, retail sales, sales operations, all kinds of things at UPS, including the UPS Store franchise network. He became the Chief Executive Officer and Board of Directors for UniTek Global Services, a provider of engineering construction management and he is currently the founder and CEO of 360 Management Services, LLC. He's an experienced CEO, he's led one of the largest rebranding initiatives in franchising history. The UPS Store revolutionised the $9 billion retail shipping and business services market. And we're going to talk to him today about leadership and his journey and the advice he can give us for our growing companies. Before we go too deep though, I want to ask you, please subscribe to our podcast. You can find us on iTunes, Google, podcasts, Spotify, Stitcher, pretty much any pod catcher of your choice. You can also subscribe at pe…
Apr 21, 2020
People Processes Interviews: Ralph Peterson
Today we are interviewing Ralph Peterson. He is the owner and operator of Ralph Peterson LLC, which is a Management Development Company. It specializes in helping mission driven organizations, built five star management teams, primarily in the long-term care industry. In addition to Peterson LLC, Ralph was also a number one bestselling author, internationally syndicated columnist, highly sought after Management Development coach and a public speaker. So we're excited to have him on. We thought with his intersection between the long-term care world's medicine and management in general, he'd be a great guest on today's podcast. Before we bring him on though, I want to ask you, please subscribe to the podcast. You can find us on iTunes, Google podcasts, Spotify, Stitcher, any pod catcher of your choice. You can also subscribe at peopleprocesses.com where you will get exclusive subscriber only content. I look forward to seeing you there. Now let's get over to Ralph. Ralph, welcome to th…
Apr 17, 2020
People Processes Interviews: Kris Plachy
Today we're speaking with Kris Plachy. Kris has poured her life's work into learning about understanding, and then guiding leaders through the tricky path of learning how to lead a team in a space where there's a lot of noise and advice. Kris has designed the "How to have team leadership" through her lead your team roadmap, and we're super excited to have her. Before we dive in though, I want to ask you to please subscribe to our podcast. You can find us on iTunes, Google podcast, Spotify, Stitcher, any podcaster of your choice. You can also subscribe at peopleprocesses.com where you will get some exclusive subscriber-only content, like our current telework checklist for going home base for your employees. Kris, thank you so much for joining us today. Welcome to the show. Thank you. It's my pleasure to be here. I'm super excited to talk with you because a lot of business owners right now are going through some difficult times. And I want to hear about how your leadership strategy w…
Apr 14, 2020
People Processes Interviews: Amber Hurdle
And today, we are interviewing Amber Hurdle. Amber hurdle is the CEO of Amber Hurdle Consulting. It's a multi-award winning talent optimization firm. They pioneers using both science and marketing principles to strengthen customers' brands from the inside out. She really helps with costly business problems like ineffective recruiting turnover, under performance, declining morale, leadership gaps, and we are so excited to have her in the show today. Before we dive too deep, I want to ask you real quick, please subscribe to our podcast. You can find us on iTunes, Google podcasts, Spotify, Stitcher, pretty much any pod catcher of your choice. And you can subscribe at peopleprocesses.com which will give you exclusive subscriber only content. Last week for example, we sent out sample furlough letters and updated policies around the Family's First Coronavirus Relief Act. This is recorded 3-23. Our subscribers had sample policies 24 hours after the law passed. Now let's dive in. Amber, th…
Apr 7, 2020
COVID 19 Q&A PT 6: Am I liable if my employee gets sick with Coronavirus?
This is going to be Part VI of our COVID-19 Q&A. These are just questions that are coming in hot from our various employers and subscribers. We want to help before we dive in too deep. Today, what we're going to be talking about employer liability concerning this worker's comp, basically, and so we're gonna go into kind of the ins and outs of that before we do though, please take a moment to subscribe makes a huge difference. You can subscribe on the pod catcher of your choice. That's iTunes, Google podcast, Spotify, Stitcher, whatever. But also subscribe at peopleprocesses.com. Information is changing quickly. We're providing tons of subscriber only content, like our sample communication letters furlough notices charts and explanations for quick reference, all sorts of sample policy versions of the FFCRA pieces. We want to get those out to you quickly. Podcasts are hard to get a lot of info out like that. So subscribe to People Processes for us so you can get a copy as well. All rig…
Apr 3, 2020
COVID 19 Q&A PT 5: Does our group health insurance cover Coronavirus?
This is Part V of our COVID-19 Q&A series. We're gonna be talking about health insurance applications over the coronavirus, including layoffs and furloughs. We're going to talk about specific coverages that are being offered new enrollment periods, all kinds of fun stuff. As we dive in or before we do, do me a favor, please subscribe. It makes such a difference to our ability to continue to produce long-form free content like this. You can find us on iTunes, Google podcasts, Spotify, Stitcher, any pod catcher of your choice. Also if you subscribe at peopleprocesses.com we have subscriber only content, including sample communications that you can use to send out to your employees, edit them, run by your attorney if you'd like. And everything from communicating furloughs to how these benefits change or work. We want to help you communicate those, peopleprocesses.com to subscribe. Now let's dive right in. The first question and I apologize if I sound a little funny, I've got a really ba…
Mar 31, 2020
COVID 19 Q&A PT 4: If I layoff an employee, do I have to pay this new sick leave?
This is going to be Part IV of our Q&A on COVID-19. And we're going to talk specifically a little bit about the FFCRA (Families First Coronavirus Response Act). Since the last podcast episode, this is past. It's a law that provides many provisions, but some of them are things like, paid sick leave and paid emergency family leave for those employees. The question we're going to be addressing is, "If I lay off an employee, do I have to pay this new sick leave and when does that kick in?". We're also going to talk about the differences between a "layoff" and a "furlough" as that seems to be coming up quite a bit in our chats. Before we go too deep, please subscribe to our podcast. If you can find us on iTunes, Google podcast, Spotify, Stitcher, any pod catcher of your choice makes a huge difference. You can also subscribe at peopleprocesses.com. If you're on there right now, where you go there, a little pop up will show up. It's also in the top right. We have tons of exclusive subscribe…
Mar 27, 2020
People Processes Interviews: Bill Coletti Kith
Today, we are interviewing Bill Coletti. We are so excited to have him on. He is a reputation management, crisis communications and professional development expert. He's been the Wall Street Journal risk and compliance panelist. He's a best selling author of "Critical Moments: The New Mindset of Reputation Management," and he has been on the senior counsel in crisis management, corporate communications and reputation defense to a ton of clients such as ATt&T, Target, American Airlines, Home Depot, Xerox, Nuclear Energy Institute, Cargill and major universities. And I can't wait to get his insight and plans into how we can react to this. Just crazy time. Before we go too deep though, I want to ask you to please subscribe to our podcast. You can find us on iTunes, Google podcast, Spotify, Stitcher, any pod catcher of your choice. You can also subscribe at peopleprocesses.com which will give you exclusive subscriber only content. Now, Bill, thank you for coming on the show. I'm so excited…
Mar 24, 2020
COVID 19 Q&A PT 3: Can an employee refuse to come to work because of fear of Coronavirus?
Today, however, we are doing Part III of our COVID-19 Q&A, so we're gonna be talking about Coronavirus. Today's Part III is all about, basically, employee's right of refusal to come to work, what sort of things you have to deal with in terms of unreasonable expectations of security equipment. How does that work? We're going to be going in there now. Part I. We talked about telecommuting guidance. Part II. We went into what actually needs to happen if someone is sick or suspected of having the virus. Tomorrow or on our next episode, we will be talking about the, "How group health insurance coverage section Coronavirus? What sort of ways can you take advantage of that?" Part V. We're going to talk about the employees who are calling in sick. So we're about Wage and Hour related issues related to Coronavirus. Do we have issues with how are we going to pay these people when they're working from home? Those sorts of issues. Finally. Part VI. We're gonna talk about employer liability. Prob…
Mar 20, 2020
COVID 19 Q&A PT 2: I think an employee may be sick… what do I do?
This is Part II of our coronavirus COVID-19 QA. We're going to be talking about what to do here when you think an employee may be sick or you've received words that they're sick or that they come in contact with someone sick. We're going to go around the actions to take this as Part II of our QA, hopefully you've listened to Part I already. Where we talked about implementing a remote work policy and putting in telecommuting in your organization. Part III. After this we're gonna talk about when an employee can refuse to come into work because of a fear of coronavirus. "Can they refuse to work if they don't have a mask?Can they all be allowed to wear a mask at your retail store?" Like, "How do we deal with that? Part IV. We're going to talk about group health insurance, and its interactions with coronavirus. We're gonna talk about ways to take advantage of what's covered, what's not. Part V. We're going to talk about Wage and Hour. We're going to talk about what we have to pay he…
Mar 18, 2020
COVID 19 Q&A PT 1: Should we send everyone to work from home with this Coronavirus?
We've received many, many questions coming in about the coronavirus. And we've broken this into six short key episodes, where we're just going to talk about some of the key pieces that are relevant to your organization as we try to deal with this pandemic. There are a lot of moving pieces going on. So I guess I should say that this was recorded on March 14 2020. They will be coming out over the next two weeks at the latest, hopefully faster as they go through production and we will be getting them out each day or every other day or so until they are through. We're going to first talk about a question we're getting the most of which is remote work and how to send everyone home. Part I. Should we send everyone home because of the coronavirus? Part II. We're going to talk about what happens if we think an employee may be sick. “What should you do?” Part III. “Can employees refuse to come to work because of their fear of coronavirus?” And the sub-questions about that: “What if…
Mar 13, 2020
New Overtime Guidance explains Lump Sum Bonuses!
Today, we're talking about a new guidance that came from the FLSA that explains how to handle a lump-sum bonus, a little bit more in depth than we've had in the past. I really am excited about this because it answers some questions that have been pending for 60 years. Before we go too deep though, I want to ask you to please subscribe to our podcast. It makes a huge difference to us. You can find us on iTunes, Google podcast, Spotify, Stitcher, pretty much any pod catcher of your choice. You can also subscribe @peopleprocesses.com, which will give you access to some exclusive subscriber only content. Department of Labor regulations provide that the bonus amount is added to the employees other earnings for the week. Total earnings are divided by the total hours worked to arrive at the regular rate. So they make 1000 bucks. They worked, well, let me do it easier. They made for a hundred bucks. They work 40 hours a week, they make 10 bucks an hour, you give them $100 bonus, and now they…
Mar 10, 2020
SECURE Act changes a LOT about 401k plans!
Today we're going to talk about the SECURE Act. It changes a lot about 401k plans, so we're going to go through it in depth, make sure you're prepared, but before we go too deep, I want to ask you to please subscribe to our podcast. You can find us on iTunes, Google podcasts, Spotify, Stitcher, any pod catcher of your choice. You can also subscribe @peopleprocesses.com which will give you exclusive subscriber only content. All right, let's dive into the SECURE Act. The centerpiece of the new tax legislation is the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019. The SECURE Act, it's chock full of new rules for employers that sponsor qualified retirement plans and for the employees who participate. For example, the new law expands the opportunities for groups of employers to form multiple-employer plans (MEPs). On the employee side, the new law increases the age for required mandatory retirement plan distributions from 70 ½ to 72. Now there are a lot of thi…
Mar 6, 2020
March 8 (Spring Forward) CAN totally screw up your pay!
Good morning, Ladies and Gentlemen. This is Rhamy Alejeal, for the People Processes podcast. We dive deep into the tools, laws and yes processes that you need to know in order to scale and grow your organization. This is going to be a super quick episode, consider it a quick update. I just want to throw this out there. Time to change. Don't forget to change your payroll clocks. I know everyone knows about Daylight Savings Time, but a lot of people miss out on some key facts. If you are running a 24 hour operation, this can really really affect your business. So let's think about this. Daylight Savings Time begins Sunday, March 8 2020, when our clocks are going to move forward one hour at 2:00 a.m. local time. On Sunday, November 1, the clocks are going to shift again, when the clock moves back one hour. These days, technology has changed, and has lessened the chore of changing clocks. I mean, when I first got into this business, people were walking around changing their punch clock…
Mar 3, 2020
2020 is weird, you may way overpay your employees!
Good morning, Ladies and Gentlemen. Welcome to the People Processes podcast, where we dive deep into the tools, laws, and yes processes that you need to know in order to scale and grow your organization. We help companies all across the United States streamline, optimize, implement, and revolutionize their HR operations. We've helped hundreds of companies and thousands of HR leaders across the world get their people processes right. Today we're going to talk about the strange case of the 27th paycheck here in 2020. Before we go too deep though, I want to ask you to please subscribe to our podcast. You can find us on iTunes, Google podcasts, Spotify, Stitcher, any podcatcher of your choice. You can also subscribe @peopleprocesses.com which will give you some exclusive subscriber only content. All right, let's dive in. It happens every 11 or 12 years —and 2020 possibly 2021 is one of those years. Depending on your payday, if you pay employees on a biweekly basis, you might be cutting a…
Feb 14, 2020
Understanding Mileage Reimbursement in 2020
Good morning, Ladies and Gentlemen. Welcome to the People Processes podcast, where we dive deep into the tools, laws and yes processes that you need to know in order to scale and grow your organization. My name is Rhamy Alejeal, I'm the CEO of People Processes. We help organizations all across the USA streamline, optimize, implement, and revolutionize their HR operations. We've helped hundreds of companies across the U S ,thousands of HR leaders across the world get their people processes right. Today, we're going to be diving into the Tax-Free Mileage Reimbursement Stuff for 2020. It's a little dry stick with me. It's kind of interesting. We're going to be covering the changes that came up here in 2020, make sure you're all set to go forward. In the meantime though, before we dive to date, please subscribe to the podcast. You can find us on iTunes, Google podcasts, Spotify, Stitcher, any podcatcher you like. You can also subscribe at peopleprocesses.com, which will put you on our emai…
Feb 11, 2020
The Battle Update: What is going on with the ACA?
Good morning, Ladies and Gentlemen. Welcome to the People Processes podcast, where we dive deep into the tools, laws and yes processes that you need to know in order to scale and grow your organization. My name is Rhamy Alejeal, I'm the CEO of People Processes and I'm excited to have you here. We help organizations all across the United States streamline, optimize, implement, and revolutionize their HR operations. We've helped hundreds of companies and thousands of HR leaders across the world get their people processes right. Today we're doing a little update on what the heck is going on with the Affordable Care Act. Things are changing. Before we go, I want to take a quick second to ask you to please subscribe to our podcast. It makes a huge difference. You can find us on iTunes, Google podcasts, Spotify, Stitcher, any podcast or you like. You can also subscribe on peopleprocesses.com which gives you some subscriber-only content exclusive updates. We really appreciate that. So let's d…
Feb 7, 2020
People Processes Interviews: Jacqueline Throop-Robinson
Good morning, Ladies and Gentlemen. Welcome to the People Processes podcast, where we dive deep into the tools, laws and processes that you need to know in order to scale and grow your organization. We help organizations all across the USA, streamline, awfulize, implement, and revolutionize their HR operations. We've helped hundreds of companies, thousands of HR leaders across the world get their people processes right. Today we're going to be interviewing Jacqueline Throop Robinson. Did I get that name right? Jacqueline? The Thoop Robinson? That is correct. Awesome. And she is the founder and CEO of Spark Engagement. A Spark Engagement is a Global Analytics Company in human resources. They focus on employee engagement and passion. So we're going to be talking all about that today and we can't wait. Before we do, I want to give you a quick reminder to subscribe to us on your favorite podcatcher of your choice, whether that's iTunes or Google play. Check us out on our social media. We…
Feb 3, 2020
People Process Interviews: Sue Salvemini
Ladies and Gentlemen, welcome to the People Processes podcast. I'm Rhamy Alejeal and today I am so excited to bring you Sue Salvemini. She is an author, speaker, and executive leadership coach. She helps leaders and teams align their work with their core values for maximum impact and fulfillment. She is also the founder and president of Focal Point Consulting Group. She founded it in 2016 and she is passionate about helping individuals connect with their authentic leadership style and love the work they do. She wrote a book, it came out in May, 2018. It's called “Leadership by Choice,” seven keys for maximizing your impact and influence in the workplace right where you are and it draws on her over 25 years of experience in the corporate world and in the military to give those great lessons. Sue, thank you so much for coming on. Thanks Rhamy. It's great to be here today. Well, Sue, I always start with this. Not many people dress up as eight year olds, as business consultants or advi…
Jan 31, 2020
People Process Interviews: Thomas Veeman
Ladies and Gentlemen, welcome to the People Processes podcast. I'm your host, Rhamy Alejeal, and I am really excited today to bring you Thomas Veeman. The co-founder of Conversari Global. They upgrade people for the future of work. Thomas has worked in the United States, Germany, Switzerland, India, and Thailand. He's lived in Mexico City since 2012. He draws on his international background to teach executive courses on emotional and cultural intelligence. Thomas is especially passionate about using experiential and narrative methods to help teams bridge cultural and communication divides. I'm excited to have you on here, Thomas. The pleasure is mine as well, Rhamy. Well, Thomas, the first question I ask all of our guests, you know, not everybody dresses up as a kid for as an HR person or a business owner. It's not the most common life choices that get us here. How did you wind up where you are now? How did you get into this crazy world? Well, that's a great question and it's a long st…
Jan 27, 2020
People Process Interviews: Linda Brown
Good morning, Ladies and Gentlemen. Welcome to the People Processes podcast. My name is Rhamy Alejeal, and today we are interviewing Linda Brown. Linda is awesome. She is a Master Certified Profit First Professional. She's a Certified Preventive Growth coach and she's the founder of Spire Business Inc. Linda supports entrepreneurs in demystifying their business finances and providing guidance to increase business profits so that they can bring more money home. She's often referred to as the Voice of Reasons by her clients, Linda Equis, business owners with the tools, strategies and skills they need in order to create sustainable growth in their business and profit. We're excited to have you on, Linda. Thank you so much for having me. It's a wonderful opportunity. Well, we're glad you're here. So my first question is, and I have to ask this for our people in our field, most kids don't dress up as CPAs and accountants and bookkeepers when they're kids. How did you wind up in the field an…
Jan 23, 2020
People Process Interviews: Lee Caraher
Good morning Ladies and Gentlemen. This is Rhamy Alejeal, your host of People Processes. We're so excited to have you tune in today. Today we are interviewing Lee Caraher. She is the founder and CEO of double forte PR, did a double forte PR and digital marketing. She is the author of “Millennials and Management: The Essential Guide To Making it Work at Work.” She based the book on her experience with epically failing and then succeeding at retaining millennials in her business. Her second book, “The Boomerang Principle, Inspire Lifetime Loyalty From Employees” was published in 2017. It's a pragmatic and actionable guide to creating high performing work cultures ready for the future. And we are so excited to have her on. Lee, are you there? I'm here, Rhamy. Thank you so much for having me. Well, I'm ecstatic to have you. I want to start with figuring out how you got into your current business, doing PR and really writing a lot about HR work. So I started my PR career after colle…
Jan 20, 2020
People Process Interviews: Jacob Baddsgaard
Ladies and gentlemen, welcome to the people processes podcast. I'm your host, Rhamy Alejeal and I am excited today to welcome Jake Baddsgaard. He is an amazing entrepreneur. After growing one of his first pay-per-click clients from 25 to 250 employees, Jake realized that he had a gift for using Pay-per-Click marketing to drive dramatic business results. To help more companies succeed online. Jake found a disrupted IV advertising, PPC and CRO management agency that has helped hundreds of companies realize unprecedented growth and profitability from online advertising. Of course, as an HR channel, though we're more interested in that. In the last six years since its founding, disruptive advertising has grown from two employees working in Jake's basement to a flourishing agency with more than 160 employees and a run rate of over 20 million, puts it at number 145 on the 2017 inc 500 list and is listed as one of USA today's best places to work in Salt Lake City in 2019. So we're ecstatic to…
Jan 17, 2020
Q&A: Does Workers Comp Count against FMLA?
Good morning, Ladies and Gentlemen. Welcome to the people processes podcast where we dive deep into the tools, laws, and yes processes that you need to scale and grow your people processes. I'm your host, Rhamy Alejeal, and I'm the CEO of People Processes. My company helps organizations all across the United States streamline, optimize, implement, and revolutionize their HR operations. We've helped hundreds of companies and thousands of HR leaders across the world get their people processes right. Today, we're going to be answering some questions that have been submitted either by our clients or through our social media. Please check us out over at Facebook, Twitter, Instagram, LinkedIn. You can find the links at peopleprocesses.com where you can ask any questions like these that are going to come up in our Q&A today. Specifically, we're gonna be talking about FMLA and workers' compensation. We're going to be talking about required religious holidays and a few more topics. Before we di…
Jan 13, 2020
Do you have a Performance Based Bonus Plan?
Good morning, Ladies and Gentlemen. Welcome to the People Processes podcast where we dive deep into the tools, laws and yes policies and processes that you need to scale and grow your people processes. I'm your host, Rhamy Alejeal and I'm the CEO of People Processes. My company helps organizations all across the USA streamline, optimize, implement, and revolutionize their HR operations. We've helped hundreds of companies and thousands of HR leaders across the world get their people processes right. Today, we're going to take a look at a new study that's come out. A survey that says, the pervasive use of short term incentives among private employers is now at 99%. We are talking about what that is, why it's important and why if you are one of the smaller private companies, you need to be taking a look at it too. Before we go deep, I want to ask you to please subscribe to our podcast. You can find us on iTunes, Google podcast, Spotify, Stitcher, pretty much any podcast or of your choice.…
Jan 9, 2020
People Process Interviews: Angela Lauria
Rhamy Alejeal: Ladies and gentlemen, welcome to the people processes podcast. I'm your host, Rhamy Alejeal and I am excited today to bring you Dr. Angela Lauria. Dr. Angela is the founder of the author incubator and creator of different processes for writing a book that matters. In 2018, The Author Incubator was ranked #275 on the Inc. 500 fastest growing companies and #87 on Entrepreneur Magazine’s Entrepreneur 360. Angela is an expert when it comes to building teams and scaling businesses and we are ecstatic to have her on the show. Welcome Angela. Dr. Lauria: Thanks. I'm so excited to be here. Rhamy Alejeal: Great. Well you got to start telling me how you got into what you do now. It's a very cool niche and I know you've got a great story on how you got there. Dr. Lauria: It is super cool. And I actually was recruited when I was in college to start working for an espionage author. He was a New York times bestselling author and wrote spy stories. I'm in Wa…
Jan 3, 2020
New Trump Order means Insurance has to tell you how much things cost?
Good morning, Ladies and Gentlemen. Welcome to the people processes podcast where we dive deep into the tools, laws and processes that you need to scale and grow your people processes. I'm your host, Rhamy Alejeal and I'm the CEO of people processes. My company helps organizations all across the United States streamline, optimize, implement, and revolutionize their HR operations. We've helped hundreds of companies, thousands of HR leaders across the world get their people processes right. Today, I'm excited to dive in a little bit into a new Trump department of labor health and human services regulation that talks about insurance regulation, how fun, how sexy, how crazy, but this insurance regulations a little different. It says that insurance companies are going to have to disclose how much you will pay for a service before you get it. Whoa. Before we dive too deep, I just want to ask you to please subscribe to our podcast. You can find us on iTunes, Google podcasts, Spotify, Stitcher…
Dec 27, 2019
When to start using the 2020 W4
Good morning, ladies and gentlemen. Welcome to the people processes podcast where we dive deep into the tools, your laws and processes that you need to scale and grow your people processes. I'm your host, Rhamy Alejeal and I'm the CEO of people processes. My company helps organizations all across the USA streamline, optimize, implement, and revolutionize their HR operations. We've helped hundreds of companies and thousands of HR leaders across the world get their people processes right. Today, we are going to look into the new form W4 for 2020. We're going to talk about when it's used, how it's used, a little bit of the history of it, and we're going to actually open it up and walk through it together, but before we go that deep, I want to ask you to please subscribe to our podcast. You can find us on iTunes, Google podcasts, Spotify, Stitcher, pretty much any podcatcher of your choice. You can also subscribe at peopleprocesses.com which will give you exclusive subscriber only content…
Dec 20, 2019
New FLSA Standards are not enough for Washington!
Good morning, Ladies and Gentlemen. Welcome to the people processes podcast where we dive deep into the tools, laws and policies that you need to scale and grow your people processes. I'm your host, Rhamy Alejeal and I'm the CEO of people processes. My company helps organizations all across the USA streamline, optimize, implement, and revolutionize their HR operations. We've helped hundreds of companies and thousands of HR leaders across the world get their people processes right. Today, we're going to take a look at the FLSA requirements coming in 2020. Specifically, we're going to talk about how some of the States are reacting, especially Washington and California. Before we go too deep though, I want to ask you to please subscribe to our podcast. You can find us on iTunes, Google podcasts, Spotify, Stitcher, pretty much any podcaster of your choice. You can also subscribe at peopleprocesses.com which gives you subscriber exclusive content, like our on-boarding checklists, our people…
Jul 2, 2019
People Process Interviews: Tomas Keenan
Rhamy Alejeal Interviews Thomas Keenan, Author of UnF*ck Your Business. Tomas is the CEO at Top Class Installations where he is responsible for setting the vision, managing finances, and building the team. Everyday he is focused on improving efficiency and providing an exceptional customer experience for his clients. Tomas is also the author of Unf*ck Your Business: Stop Business Self-sabotage by Getting Clear on Your Core Values NOW. In 2017 The Top Class team installed 5,000+ tracking devices onto buses for the New York City Board of Education, a project that had a tremendous level of impact for the safety of the children now riding those buses daily; filling Tomas and his team with a deep sense of purpose. Find Tomas Here: https://www.facebook.com/tom.keenan.988 (https://www.facebook.com/tom.keenan.988) https://www.instagram.com/tomas_keenan/ (https://www.instagram.com/tomas_keenan/) https://www.linkedin.com/in/tomas-keenan/ (https://www.linkedin.com/in/tomas-keenan/)…
Jun 28, 2019
Trump’s Executive Order promotes price transparency, but lacks detail
Eliminating surprise medical bills, improving transparency in prices, as well as revealing how prices are negotiated were the focus, but details about how information must be provided was left to the regulations, in an Executive Order signed by President Trump on June 24, 2019. Policy statement. The Executive Order states that the federal government aims to: eliminate unnecessary barriers to price and quality transparency; increase the availability of meaningful price and quality information for patients; enhance patients’ control over their own health care resources, including through tax-preferred medical accounts; and protect patients from surprise medical bills. Hospital regulation coming. Under the Executive Order, the Secretary of Health and Human Services (HHS) must propose a regulation to require hospitals to publicly post standard charge information. The information must include charges based on negotiated rates and information on common or shoppable items and service…
Jun 18, 2019
All the minimum wage increases in the next year
Is your business prepared for a minimum wage increase? A quick update from poplarfinancial.com (http://poplarfinancial.com)! Many states across the country have recently raised the minimum wage, and more changes are on the horizon. Even an increase of $.75 an hour for 20 employees can mean an annual payroll increase of more than $20,000. Seemingly small increases can leave you wondering how to manage this new expense. There are several steps you can take to adjust to recent state legislative changes or to prepare for upcoming payroll increases that are rolling out in the months ahead. (See the table below to determine if your business operates in one of the affected states.) What can you do to stay ahead? 1. Evaluate expenses and revisit your budget Once you determine if and how new minimum wage legislation will affect your business, it’s time to look at the big picture. New payroll costs may have implications for how you manage other expenses like utilities, invento…
Jun 11, 2019
People Processes Interviews: Alison Colley
Who are we interviewing: Alison Colley – Solicitor and Founder of Real Employment Law Advice and host of the podcast ‘The Employment Law and HR Podcast’ How did she get here? I qualified as a Solicitor (known as lawyer in the US) in the UK in 2006 and worked for traditional lawyers’ firms, where I specialised in employment law and providing legal advice to employers and employees. After becoming disillusioned with the traditional career path, stuffy slow pace of change and presenteeism required in the profession I found the ‘4 hour work week’ by Tim Ferris whilst wondering around bored on my lunchbreak and from this I was led into the world of entrepreneurship, passive income and taking control of my destiny. For several months after reading the 4 hour work week I came up with a vast number of hairbrained schemes completely unrelated to the legal profession, not having the confidence to consider that I could start my own legal firm. Eventually, realising I was not quite…
May 28, 2019
People Process Interviews: Nathan Hirsch
Nathan Hirsch is a 29 year old long time entrepreneur and expert in remote hiring and eCommerce. He started his first eCommerce business out of his college dorm room and has sold over $30 million online. He is now the co-founder and CEO of FreeeUp.com, a marketplace that connects businesses with pre-vetted virtual assistants, freelancers and agencies in eCommerce, digital marketing, and much more. He regularly appears on leading podcasts, such as Entrepreneur on Fire, and speaks at live events about online hiring tactics.
May 14, 2019
People Processes Interviews: Alicia Dunams
International leadership trainer, certified mediator and communications expert, Alicia Dunams, has coached tens of thousands of leaders, executives, and industry experts to share their message with the world through her signature process and acclaimed Bestseller in a Weekend® and other professional development trainings. In her new book, I Get To: How Using The Right Words Can Radically Transform Your Life, Relationships & Business, Dunams empowers readers and leaders in all ages and stages of their career and life to harness the power of intentional communication for transformational results. As a corporate trainer and executive coach, Alicia bridges conflicts in the workplace and beyond through the power of mastering healthy conversations and storytelling. Alicia has been featured on Good Morning America, KTLA, and The Steve Harvey Show.
May 1, 2019
DEEP DIVE! New 4 Factor Test for Joint Employment
Proposed joint employer rule includes 4-factor test: hiring and firing, supervision and control, payment, and recordkeeping Noting it has not meaningfully revised its joint employer regulation since 1958, the Labor Department has announced via press release a proposed rule (https://www.dol.gov/whd/flsa/jointemployment2019/joint-employment_NPRM.pdf) to revise and clarify the responsibilities of employers and joint employers. The FLSA allows joint employer situations where an employer and a joint employer are jointly responsible for the employee’s wages. DOL proposes a four-factor test to consider whether the potential joint employer actually exercises the power to: Hire or fire the employee; Supervise and control the employee’s work schedules or conditions of employment; Determine the employee’s rate and method of payment; and Maintain the employee’s employment records. The proposal would ensure employers and joint employers clearly understand their responsibilities to p…
Apr 18, 2019
Survey reveals employees’ major financial stressors, millennials’ interest in gig work
Survey reveals employees’ major financial stressors, millennials’ interest in gig work MetLife’s 17th Annual US Employee Benefit Trends Study 2019 reveals that we are now seeing additional trends redefining why we work and what work means to people. According to the study, “[a]s employees leverage work to gain more fulfillment, pursue their goals, and align their values and experiences more authentically, they’re looking to employers to help them manage this new work-life world.” The study revealed that employees’ number one source of stress is personal finances. “Regardless of age or life-stage, a focus on finances tops the list as the biggest concern employees have day to day.” Some of employees’ stress about finances stems from short-term concerns, like staying on top of bills or paying for urgent health needs. Others stem from long-term goals — in fact, 3 of employees’ top 5 financial concerns directly relate to retirement, even among those who are relativ…
Apr 11, 2019
CMS Extends Small Group Transitional Relief Policies through 2020
CMS Extends Small Group Transitional Relief Policies through 2020 On Mar 25, 2019, CMS issued a new one year extension (https://www.cms.gov/CCIIO/Resources/Regulations-and-Guidance/Downloads/Limited-Non-Enforcement-Policy-Extension-Through-CY2020.pdf) of its transitional policy for non-grandfathered small group plans that are not compliant with the ACA. Policyholders will be allowed to renew their transitional plan coverage (commonly referred to as ‘grandmothered plans’) through Oct 1, 2020 as long as the coverage does not extend beyond Dec 31, 2020. If CMS does not issue another extension next year, all non-compliant policies must become compliant by Jan 1, 2021. Any policy renewed during the 2020 calendar year after Jan 1 must have a short plan year in order to terminate by Dec 31. CMS believes that requiring transitional policies terminate immediately before Jan 1, 2021 will “facilitate changing from non-compliant coverage to Affordable Care Act-compliant coverage, which r…
Mar 12, 2019
Q&A: Do adoption assistance programs need to be in writing?
Issue: You would like to implement an adoption assistance program for your company. In order for the financial assistance to be nontaxable, does the program need to be in writing? Answer: Yes. Adoption assistance programs are governed under Internal Revenue Code Sec. 137, which specifies that an adoption assistance program must be a separate written plan of the employer that meets certain requirements. Under an employer-provided program, Sec. 137 excludes from an employee’s gross income amounts furnished by the employer for adoption assistance purposes. Sec. 137 allows an employer to provide up to $14,080 in 2019 per child on an aggregate, not annual, basis for “qualified adoption expenses.” Adoptive parents’ adjusted gross income (AGI) determines the amount of the adoption expense limit that applies to them. In 2019, the credit begins to phase out at an AGI of $211,160 and is completely phased out at $251,160. While Sec. 137 requires a written plan, it does not specify…
Mar 7, 2019
Q&A: Considering ADA when denying a promotion
Issue: Katy, a long-time sales clerk, applied for the position of assistant store manager. Even though Katy was the best qualified applicant, the store owner decided to promote another employee after learning that Katy doesn’t have a driver’s license because of her epilepsy. The store owner told Katy that she was not promoted because she was unable to drive the store receipts to the bank. Is this a valid reason for not promoting her? Answer: Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations (adjustments or modifications) to enable applicants and employees with disabilities to enjoy equal employment opportunities unless doing so would be an undue hardship (a significant difficulty or expense). An employer must provide a reasonable accommodation that is needed because of the epilepsy itself, the effects of medication, or both. In this instance, depositing the store receipts in a safe and timely manner, not driving the s…
Mar 5, 2019
Q&A: Are baseball tickets, hot dogs, drinks purchased for a client deductible under new tax law?
Issue: Rick, a salesman, invited Bob, a business contact, to a baseball game. Rick purchased tickets for them to attend the game. While at the game, Rick bought hot dogs and drinks for both himself and Bob. Under the Tax Cuts and Jobs Act of 2017 (TCJA), which amended the rules regarding deductions for entertainment expenses, can Rick deduct the game tickets, hot dogs, or drinks? Answer: Based on examples provided in IRS Notice 2018-76, the baseball game is entertainment as defined in IRS Reg. Sec. 1.274-2(b)(1)(i) and, thus, the cost of the game tickets is an entertainment expense and is not deductible by Rick. The cost of the hot dogs and drinks, which are purchased separately from the game tickets, is not an entertainment expense and is not subject to the Internal Revenue Code Sec. 274(a)(1) disallowance. Therefore, Rick may deduct 50 percent of the expenses associated with the hot dogs and drinks purchased at the game. Guidance after new law. The TCJA amended Internal Revenue…
Feb 28, 2019
HR Update: NJ Paid Family Leave, Employer CHIP Notice, Min Wages, and Workplace Violence
(https://i0.wp.com/peopleprocesses.com/wp-content/uploads/2019/02/My-Post-12.jpg?ssl=1) Paid family leave. A new law in New Jersey will expand the state’s paid family leave program in a number of ways, including doubling the number of weeks for family leave insurance and temporary disability insurance; raising the weekly benefit; increasing the amount of intermittent leave; allowing leave to care for additional family members; barring discrimination and retaliation against employees who take family leave; and permitting leave related to domestic and sexual violence. Employer CHIP notice. Employers sponsoring group health plans in states that provide premium assistance under Medicaid or the Children’s Health Insurance Program (CHIP) must furnish employees with an annual, written notice informing them of potential opportunities for premium assistance available in the states in which they reside. The sample notice requirement is available at https://www.dol.gov/sites/default/files…
Feb 26, 2019
Q&A: Flu and the FMLA
Question: Is the common flu considered a serious health condition under the Family and Medical Leave Act (FMLA)? Answer: Most cases of the common flu do not meet the definition of “serious health condition” and would not be eligible for Family and Medical Leave Act (FMLA) leave. Some cases of the flu, however, are severe or result in complications, and these have the potential to meet the FMLA definition of “serious health condition.” This is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider. Continuing treatment means: The employee has been incapacitated for a period of more than three full days; and Consults with a doctor two or more times within 30 days, or Has one consult with a doctor and a regimen of continuing treatment. If an employee is out sick with the flu for more than three days, consider whether the need for FMLA leave may exist. This doesn’t mean that…
Feb 21, 2019
Interview: Ronit Enos – Salon Cadence
Learn about decision-making and some ideas about how to do it with one of the most successful entrepreneurs in the hair industry, who is also an ex-Israeli special forces trainer, Ronit Enos. In particular, learn why decision making can be difficult and how to overcome these problems. Hear for yourselves how this brave woman became BIG.
Feb 14, 2019
Interview: Erin Longmoon – Zephyr Recruiting
Today we interview Erin Longmoon, CEO of Zephyr Recruiting. We talk cover her journey in creating her company, and get some great insights on the processes around attracting the best talent!
Jan 8, 2019
All the Minimum Wage increases, by state for Jan 1 2019!
The minimum wage will increase in 20 states on or before January 1 Twenty states will see increases in the minimum wage in the new year—one, New York, actually beginning on December 31. The minimum wage increases are scheduled as follows: Alaska. The minimum wage in Alaska will increase from $9.84 per hour to $9.89 per hour on January 1, 2019. Alaska’s minimum wage is adjusted annually based on inflation. The change for 2019 reflects a 0.5% increase in the cost of living. Arizona. The minimum wage in Arizona is scheduled to increase to $11 per hour on January 1, 2019. Arkansas. The minimum wage in Arkansas increases to $9.25 per hour on January 1 per voter approval of Ballot Issue No. 5 in the November 6, 2018, General Election. California. The minimum wage in California is scheduled to increase on January 1 as follows: $12 per hour for large employers with 26 or more employees; $11 per hour for smaller employers with 25 or fewer employees. Colorado. The Colorado minimu…
Dec 3, 2018
How to Have a Productive Exit Interview
How to Have a Productive Exit Interview It’s never an ideal situation when an employee leaves your organization.Whether it’s a voluntarily or involuntarily move, there’s paperwork to be completed, a new hire to be made, and an exit interview to conduct. If you skip the exit interview, you’re missing a golden opportunity to improve your organization. Even if the employee was fired, there’s insight to be gained. An exit interview is a unique and powerful time to gather perspective. When else will you get the unvarnished truth from your employees about what your organization is doing wrong without any fear of retaliation or making someone unhappy? If an employee is leaving voluntarily, your HR team should take that opportunity to look closely at what the departure means for your organization. Employees leave voluntarily for many reasons: pursuing dreams, better pay, other career interests, or because of problems with the organization itself. Whatever the case, take the…
Nov 20, 2018
Do You Have Mixed Emotions about Open Enrollment?
Do You Have Mixed Emotions about Open Enrollment? It’s typical to have mixed feelings about the annual benefits open enrollment period. Dread for the additional administrative workload and potential benefits cost increases… Anticipation of newer, more attractive, and easier to administer plans… It makes for a fall season that causes many HR professionals and benefits brokers to drown their misery in pumpkin spice lattes. Better Benefits Attract and Retain Talent A high-quality employee benefits package is one of the best tools in your arsenal to attract the right talent, enhance employee engagement, and retain your most valuable employees. According to a May 2018 Harris Poll/Glassdoor survey (https://www.glassdoor.com/press/job-seeker-preferences/), nearly half (48 percent) of U.S. workers cited attractive company benefits and perks as key factors in their likelihood to apply for a job, and other surveys have found that excellent benefits play a role in retaining employees.…
Oct 11, 2018
The Four Measurements of an HR System that Works
Automation can make HR processes run smoother, saving organizations time and money, and helping them avoid costly mistakes. However, it’s important to note that an automated HR system doesn’t replace the human element of HR. Rather, the goal is to unify all the employee life cycle events and components so your HR staff can focus on nurturing the people in your organization. You know, the human part of human resources. Automated systems have obvious tech aptitudes, like automatically flagging missing social security numbers on insurance forms, but they can also benefit attitudes. Employee motivation levels change every day. Furthermore, motivation is not achieved by giving out a bonus or throwing a party at the end of the year. It has to be nurtured every day through consistent, positive interactions with all team members. Automation helps keep processes consistent, allowing your HR team to focus on improving the employee experience around life cycle events and HR systems. In…
Oct 9, 2018
Q&A: Porn on an employees computer?
Question: We have found pornography on an employee’s computer. How should we handle this? And, is an employee’s addiction to pornography protected under the Americans with Disabilities Act (ADA)? Answer: An addiction to pornography is not protected because under the ADA, it is not defined as a disability. According to ADA, the term disability does not include: Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; Compulsive gambling, kleptomania, or pyromania; or Psychoactive substance use disorders resulting from current illegal use of drugs. However, even if pornography qualified as a disability under ADA, an employer is not prevented from disciplining an employee with a disability for a violation of a company-established conduct rule. According to the Equal Employment Opportunity Commission (EEOC), if the conduct rule is job-related and consistent with busi…
Oct 4, 2018
Five Common Onboarding Issues and How to Avoid Them
Starting a new job might be cause for nerves, but it shouldn’t induce headaches. Organizations that understand this fact will ensure their onboarding process is smooth for the new employee and seamless for the HR staff. Yet many organizations still struggle with onboarding. Their process is too slow, not efficient, or lacks the personal touch that puts new hires at ease. In this article, we’ll look at five common onboarding issues that arise in broken systems. Then we’ll wrap things up with a solution that can help you avoid all these pitfalls. #1: A Lack of Orientation Onboarding serves two basic purposes: Gather and audit new employee information. Introduce your company’s mission, culture, and values to your new hire. The first problem with an ineffective process is that too much of the information a new hire needs is communicated in a disjointed, tribal manner. For example, a supervisor in the marketing department might answer the same question differently than a mana…
Oct 2, 2018
Q&A: OSHA 300 for Temporary Workers
Question: We conduct hearing tests on employees and record any discovered hearing loss on our OSHA 300 log. Are we required to conduct tests on temporary workers we hire through an agency, and if so, should we report those hearing losses differently? Answer: Temporary workers hired and paid by a staffing agency and supplied to a host employer to perform work on a temporary basis are entitled to the same protections under the Occupational Safety and Health Act (OSH Act) as all other covered workers. This means that – to answer the first part of your question – you are required to conduct the same testing on temporary workers as you do with your regular employees. OSHA will generally consider the staffing agency and host employer to be “joint employers” of the worker in this situation. Joint employment is a legal concept recognizing that, in some situations, the key attributes of the traditional employer-employee relationship are shared by two or more employers in such a mann…
Sep 27, 2018
Why Too Many HR Departments are Unproductive
For the important role they play within every type of organization or business, HR departments too often lack that… human touch. This isn’t their fault, however, as countless talented HR professionals are buried under cumbersome tasks and receive zero help from their outdated HR systems. If this describes your organization, it’s likely you view HR as an unproductive time suck or a necessary evil to be avoided at all costs. This problem is compounded every time you invest in human capital by hiring employees within your organization without truly investing in a system to properly onboard, manage, and engage staff. The result is unmotivated employees, unchanged processes, and expensive turnover. In many cases, HR departments are a mess due to misaligned priorities. Consider, for example, the amount of time and resources your company invests in client acquisition and product/service delivery. Now, compare that to the amount of time and resources you invest in onboarding, traini…
Sep 25, 2018
Q&A: Required by law to have a compliance officer?
Question: Are we were required by law to have a dedicated compliance officer, who cannot be the same individual who handles HR? Answer: No. In general, companies are not required by law to have a dedicated compliance officer. However, some sectors have specific guidelines in place for compliance officers. For example, in the financial sector, compliance officers are subject to regulations and enforcement by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and the Department of Justice (DOJ). Each agency looks at the compliance officer’s supervision in both legal and compliance matters, and the DOJ also looks at individual accountability in compliance matters. In the healthcare sector, the U.S. Office of Inspector General (OIG) has issued compliance guidelines specific to hospitals. While not mandated by law, the OIG strongly recommends that hospitals develop a compliance program and have a compliance officer available to ensu…
Sep 20, 2018
Why You Should Consider Timekeeping for Your Salaried Employees
The forty-hour work week came about in 1938 as a result of the Fair Labor Standards Act, which also established that hourly workers had to be paid a minimum wage and overtime. Hourly workers are required to use timekeeping systems to track their hours, whereas in many organizations, full-time salaried employees don’t track their time. Is that the right choice? Should full-time salaried employees use timekeeping systems? There’s an argument to be made that timekeeping is critical for every employee, even those exempt from the FLSA law. To illustrate this point, let’s look at an example. Imagine a small, nonprofit organization that does community outreach support for women. Because nearly everyone in the organization is salaried, they’re technically FLSA exempt. As a result, staff initially didn’t clock in and out at all. Most of the staff in this nonprofit were paid the same, but Lisa felt as though she constantly picked up the slack for her coworkers. She felt she continu…
Sep 18, 2018
Q&A: Overtime pay for hourly bonuses
Question: How do we handle overtime pay calculations for hourly employees when they receive nondiscretionary bonuses? Answer: A nondiscretionary bonus is a bonus based on an employee meeting criteria such as production, sales, quality, efficiency, or other performance standards. The federal Fair Labor Standards Act (FLSA) requires that overtime pay be calculated based on an hourly employee’s regular rate of pay, which includes commissions and nondiscretionary bonuses. Under the FLSA, nondiscretionary bonuses must be apportioned back to the workweeks covered by the bonus period. If the hourly employee who earned the bonus also worked overtime during any workweek of a period covered by the bonus, you must recalculate the regular rate to determine the appropriate overtime rate. For example, suppose your hourly employee’s regular hourly rate is $10. Assume the nondiscretionary bonus is $100 per month, but the pay period is weekly. Now assume the employee worked 50 hours each wee…
Aug 21, 2018
How to Have a Productive Exit Interview
It’s never an ideal situation when an employee leaves your organization. Whether it’s a voluntarily or involuntarily move, there’s paperwork to be completed, a new hire to be made, and an exit interview to conduct. If you skip the exit interview, you’re missing a golden opportunity to improve your organization. Even if the employee was fired, there’s insight to be gained. An exit interview is a unique and powerful time to gather perspective. When else will you get the unvarnished truth from your employees about what your organization is doing wrong without any fear of retaliation or making someone unhappy? If an employee is leaving voluntarily, your HR team should take that opportunity to look closely enough at what the departure means for your organization. Employees leave voluntarily for many reasons: pursuing dreams, better pay, other career interests, or because of problems with the organization itself. Whatever the case, take the time to do an in-depth exit intervi…
Aug 15, 2018
Q&A: Does a pregnant worker denied starting a job, when baby is due, have a plausible claim of discrimination?
Q&A: Does a pregnant worker denied starting a job, when baby is due, have a plausible claim of discrimination? Issue: Lucy, a part-time employee who works remotely, applied for a full-time position with her employer. During the second round of interviews, which included a discussion about the available position and its start date, Lucy told the interviewer that she was pregnant. The interviewer asked when her baby was due and how much time she planned to take for maternity leave. After hearing her response, the interviewer explained that while start dates could be flexible, Lucy’s due date and planned time off interfered with the planned start date so she would not be hired for the available position. The interviewer also told Lucy that the hiring committee would be informed that she would be unable to perform in the position. The available position was filled by a nonpregnant person. Two months later, after having filed an EEOC charge, Lucy applied for another full-time position an…
Aug 13, 2018
While Americans have mixed views of unions, public sector organizing suffers setback
While Americans have mixed views of unions, public sector organizing suffers setback The decline in the number of Americans represented by labor unions is seen more negatively than positively by U.S. adults, according to a new survey (http://www.pewresearch.org/fact-tank/2018/06/05/more-americans-view-long-term-decline-in-union-membership-negatively-than-positively/) released by the Pew Research Center. Fifty-five percent of Americans have a favorable impression of unions, with a similar number—53 percent—viewing business corporations favorably. Decreasing unionization. In 2017, only 10.7 percent of wage and salaried workers in the United States were labor union members, down from 20.1 percent in 1983, the first year for which comparable data are available, according to the Bureau of Labor Statistics. Unionization in the U.S. peaked at more than 34% in 1954 (http://www.pewresearch.org/fact-tank/2015/04/27/union-membership/), according to the Congressional Research Service. Pa…
Aug 10, 2018
CareerBuilder’s midyear job forecast shows tough hiring environment for employers is paying off for job seekers
CareerBuilder’s midyear job forecast shows tough hiring environment for employers is paying off for job seekers As employers grapple with a highly competitive hiring environment that is causing prolonged job vacancies across the U.S., workers are reaping the benefits. According to CareerBuilder’s Midyear Job Forecast, 63 percent of U.S. employers plan to hire full-time, permanent workers in the second half of 2018, up from 60 percent last year. A substantial percentage of employers hiring in the second half of 2018 are expecting to offer higher salaries and various perks — such as signing bonuses, extra paid time off, free lunches and the ability to work remotely — to attract and keep the talent they need. “Low unemployment and increasing skills gaps continue to plague employers who are struggling to fill roles at all levels within their organizations,” said Matt Ferguson, CEO of CareerBuilder. “Fifty percent of U.S. employers reported that it is taking them longer to fi…
Aug 8, 2018
Temecula nail salon cited $1.2 million for misclassification and wage theft of 36 workers
Temecula nail salon cited $1.2 million for misclassification and wage theft of 36 workers The California Labor Commissioner’s Office issued more than $1.2 million in wage theft citations to a Temecula nail salon for misclassifying and failing to properly pay 36 workers. An investigation found that the workers at Young’s Nail Spa were not paid an hourly rate and not paid overtime despite working up to 50 hours a week. “Using misclassification as a business model not only denies workers of their rightful pay, but also gives the employer an unfair advantage over law-abiding businesses,” said Labor Commissioner Julie A. Su. “California law is clear that if employers pay less than the minimum wage, when they are caught they will be responsible for paying not just the wages owed, but an equivalent amount in liquidated damages plus interest.” The Labor Commissioner’s Office launched its investigation when the Labor and Workforce Development Agency referred the case following n…
Jul 24, 2018
House lawmakers introduce bill to require E-Verify use
PROPOSED LEGISLATION,(Jul. 24, 2018) A group of Republican, plus two Democratic, lawmakers have teamed up to introduce and co-sponsor the “AG and Legal Workforce Act,” which would replace what sponsors called the “outdated and broken H-2A agricultural guestworker program” with a new H-2C program. The move is intended to ensure that America’s farmers and ranchers have access to a reliable workforce. Among other things, the bill would expand employer eligibility and the number of visas available, make housing and transportation provision optional, and make Affordable Care Act subsidies unavailable to guestworkers, but require them to have health insurance. H-2C program. The bill, according to the lawmakers (https://judiciary.house.gov/press-release/goodlatte-peterson-smith-cuellar-newhouse-conaway-calvert-introduce-the-bipartisan-ag-and-legal-workforce-act/). Eligibility and visa allocation expanded. A bill summary (https://judiciary.house.gov/wp-content/uploads/2018/07/0…
Jul 20, 2018
U.S. employers eye improvements to compensation programs
U.S. employers eye improvements to compensation programs Growing pressure to improve their pay-for-performance programs and ensure fair pay throughout the workplace is sparking changes to corporate America’s employee compensation and performance management programs, according to Willis Towers Watson’s 2018 Getting Compensation Right Survey (https://www.willistowerswatson.com/en/insights/2018/06/2018-getting-compensation-right-survey-global-findings-report). The survey revealed several factors are prompting employers to make or consider changes to their programs, including cost (71 percent), manager feedback (63 percent), changing marketplace (61 percent) and feedback from employees (59 percent). Changes respondents are planning to make this year, or considering over the next three years, include: Base pay and annual incentive plans: The changing nature of work and new skills requirements are fueling employers to reassess these programs. Forty-five percent are planning on or co…
Jul 18, 2018
EHB, “minimum value” nixed despite concerns for AHP’s
According to commenters, certain populations with specific needs, such as those with disabilities, could be disproportionately affected if their coverage does not include a robust level of benefits. Some of these commenters suggested that to mitigate these effects, the DOL should require AHPs to provide EHBs or some other minimum level of benefits, or require them to provide “minimum value” within the meaning of Code Sec. 36B(c)(2)(C)(ii) and Reg. §1.36B-6. Proponents of the rule, however, while acknowledging concerns that AHPs may provide inadequate benefits, did not believe that “legitimate” membership organizations would risk their goodwill and reputation by offering such health plans. Instead, they argued that economies of scale would enable AHPs to offer more comprehensive coverage to their members than they would be able to purchase on their own. One commenter noted that even though self-insured plans and large group market policies are not required to provide EHBs,…
Jul 16, 2018
EEOC—Fifty years after the ADEA, agency reports on the state of older workers and bias
EEOC—Fifty years after the ADEA, agency reports on the state of older workers and bias Even though the ADEA took effect 50 years ago in June 1968, age discrimination remains too common and too accepted as outdated assumptions about older workers and ability persist, according to a report released June 26 by Victoria A. Lipnic, Acting EEOC Chair, on the State of Older Workers and Age Discrimination 50 Years After the Age Discrimination in Employment Act (https://www.eeoc.gov/eeoc/history/adea50th/report.cfm). “Open secret.” The ADEA was an important part of 1960s civil rights legislation that was intended to ensure equal opportunity for older workers. Today’s experienced workers are more diverse, better educated, and working longer than previous generations, yet the report finds “many similarities between age discrimination and harassment,” explained Lipnic. “Like harassment, everyone knows it happens every day to workers in all kinds of jobs, but few speak up. It’…
Jul 13, 2018
SHRM survey finds uptick in health and wellness offerings
BENEFITS—SHRM survey finds uptick in health and wellness offerings As a tight job market continues to help drive increases in employee benefits offered by organizations, health and wellness along with employee programs and services are the benefits most likely to be increased, according to the results of the 2018 Employee Benefits Survey (https://shrm.org/hr-today/trends-and-forecasting/research-and-surveys/Pages/2018-Employee-Benefits.aspx?_ga=2.109490181.167073314.1529332789-1390505139.1493823220) released June 19 by the Society for Human Resource Management (SHRM). The survey results indicated that more than one-third (34 percent) of organizations increased their overall benefits in the last 12 months. When employers added offerings, they were most likely to increase health-related benefits (51 percent) and wellness benefits (44 percent). Recruiting and retention tool. Retention (cited by 72 percent of respondents) and recruiting (58 percent) were the top reasons reported for…
Jul 11, 2018
6 Questions on Dependent Care Spending Accounts
School’s out! Summer is here, and it’s the time of year when working parents have questions about using their Dependent Care Spending Accounts (DCSAs). Are summer camp expenses eligible? What about day versus overnight camps? Employers and benefit advisors want to be ready with answers about this valuable benefit program. The following are the top summertime questions about DCSAs and reimbursable expenses: 1. What are the basic rules for reimbursable expenses? Dependent care expenses, such as babysitting and daycare center costs, must be work-related to qualify for reimbursement. Work-related means the expenses are for the care of the employee’s child under age 13 to allow the employee to work. If the employee is married and filing jointly, the employee’s spouse also must be gainfully employed or looking for work (unless disabled or a full-time student). In some cases, expenses to care for a disabled dependent, regardless of age, may be reimbursable. This article focuses on…
Jul 6, 2018
Too few managers believe key performance indicators align with organization’s strategic objectives
Too few managers believe key performance indicators align with organization’s strategic objectives — MIT SLOAN A new global study on the state of key performance indicators, released by MIT Sloan Management Review(SMR), suggests that a high number of executives underutilize KPIs as a leadership tool. Despite having access to magnitudes more information, nearly 30 percent of surveyed leaders don’t use KPIs to drive change in their organizations. The study, “Leading with Next-Generation Key Performance Indicators,” (https://mitsmr.com/2syjWyu) delves into why some business leaders are rethinking how they use KPIs to lead and manage the enterprise. “KPIs should be the most important data and analytics that an organization has,” said Michael Schrage, a research fellow at the MIT Sloan School’s Center for Digital Business and a coauthor of the report. “But our research indicates that KPIs are mismanaged and undervalued.” There is one notable exception to the reporte…
Jul 4, 2018
Whole benefits package crucial in competitive labor market
TOP TALENT—Whole benefits package crucial in competitive labor market With low unemployment hovering at 4 percent, many companies face the recurring question of how to attract and retain top talent in a candidate-driven landscape. In order to remain competitive, it is essential for companies to focus on what they can do to raise wages or reevaluate their benefits packages to adequately compensate employees. This is according to a new survey from Adecco USA (https://www.adeccousa.com/employers/), which surveyed over 1,000 employed adults to provide insight on what companies can do to be an ideal employer. “While unemployment rates have continued to steadily decline, we have yet to see that same kind of positive and progressive movement on wages, which could be why we are seeing an uptick in workers having more than one job to pay the bills,” said Federico Vione, CEO of Adecco, North America, UK and Ireland. “There is much evidence to suggest that companies need to start payi…
Jul 2, 2018
Compensation Changes – Inflation Up, Unemployement Down, Wages Stable
CPI for all items rises 0.2% in April The Consumer Price Index for All Urban Consumers (CPI-U) increased 0.2 percent in April on a seasonally adjusted basis after falling 0.1 percent in March, the U.S. Bureau of Labor Statistics reported (https://www.bls.gov/news.release/cpi.nr0.htm) May 10. Over the last 12 months, the all items index rose 2.5 percent before seasonal adjustment. The indexes for gasoline and shelter were the largest factors in the seasonally adjusted increase in the all items index, although the food index increased as well. The gasoline index increased 3.0 percent, more than offsetting declines in other energy component indexes and led to a 1.4-percent rise in the energy index. The food index rose 0.3 percent, with the food at home index rising 0.3 percent and the index for food away from home increasing 0.2 percent. The index for all items less food and energy rose 0.1 percent in April. The shelter index rose 0.3 percent, with other indexes mixed. The indexes for…
Jun 29, 2018
FORM I-9—Increased federal enforcement requires proactive measures
FORM I-9—Increased federal enforcement requires proactive measures The US Immigration and Customs Enforcement (ICE) is stepping up enforcement efforts of unauthorized workers by tripling its number of officers and quintupling the number of enforcement actions in 2018. As a result, employers need to be proactive and ensure that they are hiring authorized workers and that their Form I-9 practices are in compliance, says a new XpertHR report (https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Flink.rm0004.net%2Fgo%2FSnzhdqY-HDXE8EQsxIIUxw2%2F&data=02%7C01%7Cheidi.henson%40wolterskluwer.com%7Cba81c70d73d648d4b2e208d5bcb6ef8d%7C8ac76c91e7f141ffa89c3553b2da2c17%7C1%7C0%7C636622416251610934&sdata=XqMGE0oppPi%2BOmGVEBH8rv5ljQEwFdW1MLCNbJd10iY%3D&reserved=0). Otherwise, employers may be ICE’s next target. Under the Immigration Reform and Control Act (IRCA), if an employer knowingly hires or continues to employ an unauthorized worker, it can be exposed to civil and criminal pen…
Jun 25, 2018
How to calculate if you are an Applicable Large Employer under the ACA
You are an applicable large employer if you averaged at least 50 full-time employees, including full-time equivalent employees, during the prior calendar year. ALEs are subject to information reporting and the employer shared responsibility provisions. Steps to determine your status as an ALE 1.Determine how many full-time employees you had each month of the prior calendar year. Under the ACA, a full-time employee for any calendar month is one who has, on average, at least 30 hours of service per week, or at least 130 hours per calendar month. There are exceptions for seasonal workers and employees with medical coverage under TRICARE or the Department of Veterans Affairs. 2.Determine how many full-time equivalent employees you had each month of the prior calendar year. Todo this, combine the number of hours of service of all non-full-time employees for the month –and divide that total by 120. Make sure you do not include more than 120 hours of service per employee. The same exceptio…
Jun 20, 2018
Majority of working parents claim they are able to ‘have it all’
Majority of working parents claim they are able to ‘have it all’ — SURVEY RESULTS According to the majority of workers with children at home (78 percent) who participated in a CareerBuilder survey, it is possible to be successful at work and at home. The national survey was conducted online by The Harris Poll on behalf of CareerBuilder from April 4 to May 1, 2018, and included a representative sample of 1,012 full-time workers in the private sector across industries and company sizes. “Work-life balance is certainly a struggle for all professionals, but we see workers moving past the idea that they have to give something up and that the sacrifice of either a career or parenting must be made,” said Jennifer Grasz, vice president of corporate communications for CareerBuilder. “Promoting a balance should be important to employers, too. When employees feel a greater sense of control and ownership over their own lives, they tend to have better relationships with coworkers, be m…
Jun 18, 2018
Benchmark: Employer Costs for Employee Compensation
Benchmark: Employer Costs for Employee Compensation (https://i1.wp.com/peopleprocesses.com/wp-content/uploads/2018/06/BLS-table.png?ssl=1) Employee compensation packages usually contain at least two components: base salary or hourly wage; and group benefits. Base salary depends on competitive considerations such as the available talent pool, the role of bonuses, and the company’s stated philosophy to pay at a specified percentile of the market salary. Group benefits may be in the form of protective benefits — health care or prepaid legal services — or in the form of profit-sharing or gainsharing. Regardless of the particular benefits that comprise a compensation package, a big concern for most employers is paying for it. Although some employees are required to contribute to the cost of various benefits, the bulk of the compensation package is often provided by the employer. BLS survey. The U.S. Bureau of Labor Statistics (BLS) publishes a quarterly Employer Costs for Em…
Jun 15, 2018
New Supreme Court Ruling Affects Arbitration Agreements
Legal analysis of alternative dispute resolution What are the issues that arise when considering whether or not to offer alternative dispute resolution (ADR) to employees in the hope that they will use ADR in lieu of litigation? An employer wants to be sure this process will be: fair and objective; cost effective; capable of protecting the employer’s interests; reliable; binding on all parties; and a mechanism to provide closure. Arbitration Many employers are requiring, as a condition of employment, that applicants and employees give up their rights to pursue employment discrimination claims in court and agree to resolve disputes through binding arbitration. The agreements to arbitrate may be contained in an employment contract, employee handbook, or employment application. The use of such agreements can be found in various sectors of the workforce, including the securities industry, retail, restaurant and hotel chains, health care, broadcasting, and security services. Enfo…
Jun 11, 2018
New NLRB memo talks permissible vs. impermissible handbook rules
New NLRB memo talks permissible vs. impermissible handbook rules in light of Boeing In the aftermath of its December 2017 The Boeing Company decision, the National Labor Relations Board has issued new guidance on handbook rules. The June 7 General Counsel memorandum provides general guidance for Regions about the placement of various types of rules into the three categories set out in Boeing, as well as the Section 7 interests, business justifications, and other considerations that Regions should take into account in arguing to the Board that specific Category 2 rules are unlawful. Rules categories. The memo provides instruction as to each of the three categories of rules set forth in Boeing: Category 1: Rules that are generally lawful to maintain Category 2: Rules warranting individualized scrutiny Category 3: Rules that are unlawful to maintain Category 1: The types of rules in this category are generally lawful, either because the rule, when reasonably interpreted, does…
Jun 6, 2018
No more tax deductions for un-reimbursed business travel!
Standard mileage rates updated to reflect elimination of miscellaneous itemized deductions In Notice 2018-42, the IRS has updated Notice 2018-3, to reflect changes to the tax law made by the Tax Cuts and Jobs Act (TCJA; P.L. 115-97). Changes impacting Notice 2018-3 include: the suspension of the deduction for un-reimbursed employee expenses; the suspension of the deduction for move related expenses; and the increase of depreciation limits for passenger vehicles. Un-reimbursed employee expenses. Notice 2018-3 stated that taxpayers, including those deducting unreimbursed employee travel expenses, could use the standard mileage rate of 54.5 cents per mile. The TCJA suspends all miscellaneous itemized deductions that are subject to the 2 percent of adjusted gross income floor until January 1, 2026. This includes unreimbursed employee travel expenses. Therefore, Notice 2018-3 cannot be used to claim a deduction for such expenses. There are certain taxpayers who may continue to deduct it…
Jun 4, 2018
Special Notice: TN Employers – Unemployment Insurance
Law amended — TENNESSEE — Unemployment Insurance,(Jun. 1, 2018) Electronic filing requirement. Except as otherwise provided in the Law, beginning January 1, 2019, and each quarter afterwards, every employer, and every person or organization who reports wages for employees on behalf of one or more subject employers, must file their wage and premium reports electronically, in a format prescribed by the commissioner. If the electronic filing requirement, however, creates a hardship for the employer, person, or organization subject to it, the employer, person, or organization may submit an affidavit to the commissioner containing a statement made under the penalty of perjury that the employer, person, or organization would suffer an undue hardship by filing the wage and premium reports electronically, and the commissioner may allow the employer, person, or organization to file the wage and premium reports in a paper format. Any employer, person, or organization that does not have pri…
Jun 1, 2018
12 Employee Company hit with $550,000 in penalties for misclassifying interns!
Private equity firm to pay over $550,000 in back wages and penalties over misclassifying employees as interns — MASSACHUSETTS — Employee misclassification A Boston private equity firm will pay more than half a million dollars in penalties and wages to 174 current and former employees in a settlement with the AG’s Office over the employer’s improper classification of employees as interns and its failure to pay those employees minimum wage and to keep proper employment records, according to Attorney General Maura Healey in a recent announcement. Search Fund Accelerator (SFA), its President Timothy Bovard and Treasurer Jeremy Silverman were issued two citations totaling $550,187 in restitution and penalties for violating the state’s wage and hour laws. “This private equity firm should have paid its employees, but instead treated them like unpaid interns,” said AG Healey. “I commend the employees at SFA for speaking up for themselves and their co-workers. We encourage all…
May 30, 2018
People Processes: Best Practices for pay equity, and I-9’s
Law firm’s pay equity guidance points to trends — PRACTICE TIP Acknowledging Equal Pay Day on April 10, Seyfarth Shaw’s Pay Equity Group released a pair of reference guides on pay equity that are aimed at enhancing employers’ compliance efforts: the XPERT HR (full report): (https://bit.ly/2Lc38po) The law firm practice group also pointed (http://www.seyfarth.com/publications/MA041118-LE) to several emerging trends: Amped-up pay laws: While California, New York, and Massachusetts led the way in adopting stricter state pay equity laws, other states, including Maryland and Oregon, soon followed suit. The trend continues into 2018 with New Jersey and Washington passing similarly onerous laws in recent weeks. Laws banning employers from asking candidates for employment about prior salary is another trend. Laws have been enacted in nine jurisdictions, and several other states are considering similar salary history bans. Litigation uptick: Not surprisingly, concurrent with t…
May 25, 2018
People Processes: Investing in Benefits Technology, Professionals can’t unplug
Employers found to be accelerating adoption of benefits technology — SURVEY RESULTS Since 2012, investors have steered more than $14 billion into human capital management (HCM) software and platforms. A new study by The Guardian Life Insurance Company of America® (Guardian) confirms that human resources technology is top of mind for many employers seeking greater efficiencies and workforce engagement. The study reveals most employers have increased their spending on benefits-related technology in the past five years, with approximately 50 percent expecting further increases in the next three years. The latest set of findings come from The Fifth Annual Guardian Workplace Benefits StudySM, Game-Changer: The Digitalization of Employee Benefits Delivery (https://c212.net/c/link/?t=0&l=en&o=2139271-1&h=2539129855&u=https%3A%2F%2Fwww.guardiananytime.com%2F&a=Guardian+Workplace+Benefits+StudySM). Workplace demographic shifts, particularly millennials, whose share of the workforce continu…
May 23, 2018
People Processes Q&A: FMLA part time, Pet Bereavement, and Garnishments
How should intermittent FMLA leave be calculated when an employee moves from full- to part-time status? Issue: Six months ago, one of your full-time employees (working 40 hours per week) was granted intermittent leave under the Family and Medical Leave Act (FMLA). He has taken three weeks (or 120 hours) of leave. Last month, he transferred to a part-time position, working 20 hours per week, and he continues to need FMLA leave. How should you calculate the intermittent leave? Should it be based on his former full-time hours or his current part-time hours? Answer: Under the FMLA regulations, if an employer has made a permanent or long-term change in the employee’s schedule (for reasons other than the FMLA and prior to the notice of need of FMLA leave), the hours worked under the new schedule are to be used for making this calculation. In this situation, the employee has nine weeks of FMLA leave remaining in his FMLA year. Going forward, you should use his part-time schedule to ca…
May 21, 2018
People Processes: Open Workspaces, Short Term Incentives, and Background Checks
Workers value sense of community in the workplace About half (47 percent) of part- or full-time employees value a community atmosphere in the place where they work, according to a new survey (https://clutch.co/hr/resources/future-of-work-how-workspaces-meet-worker-needs) by Clutch, a B2B research, ratings and reviews company. The number increases to 55 percent for millennial workers aged 18-34. These findings suggest that workspaces, including traditional offices, coworking spaces, coffee shops, and other public work areas, benefit from finding ways to bring their young employees together. While Generation X and baby boomers also value community, they don’t prioritize it at the same level as their younger coworkers. This is likely because millennials are the first generation to grow up with the internet, says Laurel Cummings, a makerspace researcher and member of Building Momentum, a science and engineering consulting company. Cummings says that the internet is a connective tool…
May 18, 2018
People Processes: Deep Dive into Mental Health Parity and Autism Diagnosis
EBSA issues array of guidance on mental health parity EBSA has released an array of guidance on the Mental Health Parity and Addiction Equity Act (MHPAEA), including proposed Frequently Asked Questions, an enforcement fact sheet, a self-compliance tool, and a revised draft disclosure template. In addition, the DOL has released a report to Congress that outlines its current implementation and enforcement actions in furtherance of the MHPAEA. Background. In general, MHPAEA requires that the financial requirements (such as coinsurance and copays) and treatment limitations (such as visit limits) imposed on mental health or substance use disorder (MH/SUD) benefits cannot be more restrictive than the predominant financial requirements and treatment limitations that apply to substantially all medical/surgical benefits in a classification. With regard to any nonquantitative treatment limitation (NQTL), the MHPAEA final regulations provide that a group health plan or health insurance issuer…
May 16, 2018
People Processes: Do we have to cover gender reassignment? A Deep Dive into Gender Identity Discrimination
NY Assembly again passes Gender Non-discrimination Act — NEW YORK The New York State Assembly has again passed the Gender Expression Non-Discrimination Act (GENDA), Assembly Speaker Carl Heastie announced on May 7. The legislation would prohibit discrimination on the basis of gender identity or expression in considerations of employment, education and in consumer credit and housing. The bill would also add offenses motivated by gender identity or expression to the hate crimes statute (A.3358, Gottfried). “The Assembly Majority believes that everyone has the right to live free of harassment and discrimination,” said Speaker Heastie. “This legislation extends clear legal protections to individuals who have been left vulnerable for far too long.” “Transgender people—whose gender identity, appearance, behavior or expression differs from their genetic sex at birth—face discrimination in housing, employment, public accommodations and other areas of life, and they are partic…
May 14, 2018
Q&A: Six Tips to Head off Hiring Headaches, and Employee Fatality at Work
Six tips to head off hiring headaches Issue>>: You work for an advertising agency and are having trouble filling several creative positions at your organization. While many resumes look promising, candidates are not living up to expectations when interviewed. How can you attract and hire employees who will bring maximum value to your creative team? <<Answer: Figuring out how to hire an employee with just the right mix of skills and knowledge can feel like a daunting task. Robert Half shared the following tips to attract and hire employees who bring maximum value to your creative agency or in-house department. 1. Juice up the job description. Generating interest from highly qualified job candidates is often one of the most difficult aspects of the hiring process for a business. When a position opens up, take the time to write a job description that’s both detailed and compelling. While you don’t want your job posting to be excessively long or so specific that it deters qualifi…
May 11, 2018
People Processes: Q&A – Group Retirement, and Dramatic Changes in Appearance
How can organizations help prepare employees for a timely retirement? Issue: Your workers are anxious about saving enough money for retirement, according to results from your organization’s latest employee opinion survey. What strategies can you employ to support your employees’ retirement planning? Answer: Employers have a variety of strategies available to support their employees’ retirement planning, For today’s multi-generational workforce, Sibson recommends the following: 1. Targeted education. Opening the channels of communication and customizing the messages are pivotal factors in helping employees improve their retirement readiness. “One-size-fits-all” is a misnomer; with a few rare instances, it should be “one-size-fits-few,”. Communications should be easy to understand and delivered on a regular basis, beginning well before retirement age. Organizations can isolate and target numerous attributes for an employee’s personal communications, including…
May 9, 2018
People Processes: Compliance Update May 7
May 7 Compliance Update Health savings accounts. The limit on deductible health savings account (HSA) contributions for 2018 is now back to $6,900 for individuals with family coverage under a high deductible health plan (HDHP). In March, this amount was reduced by $50 (to $6,850) due to a change in the inflation adjustment calculations enacted under the Tax Cuts and Jobs Act of 2017. However, after receiving complaints that the reduction would impose administrative and financial burdens on stakeholders, the IRS determined that it is in the best interest of sound and efficient tax administration to revert back to the original amount of $6,900. According to the latest guidance, an individual who receives a distribution from an HSA of an excess contribution (with earnings) based on the $6,850 deduction limit may repay the distribution to the HSA and treat the distribution as the result of a mistake of fact due to reasonable cause. Alternatively, an individual who does not repay the di…
May 7, 2018
People Processes: Deep Dive into Non-Compete Agreements
Noncompetition Agreements and Trade Secrets Introduction Whenever an employer hires a new employee, the employer provides that person with access to the organization’s most valuable assets: its people, its customers, and its way of doing business. Given that the average American will change jobs seven times over a work life, chances are high that some of that information will eventually find its way to a competitor. More frequently than ever, companies are trying to protect themselves and their assets from the damage that can result when employees depart to work for a competing business or set up a competing enterprise. An employer should require employees to sign employment agreements wherein they agree to maintain the secrecy for all of the organization’s trade secrets. In addition, an employer may consider a covenant not to compete that has geographic, scope, and duration limitations. Such terms should be included in an initial employment agreement entered into at the start of…
May 2, 2018
People Processes Q&A: If one of my employee punches another, is my company liable?
Question: Can we require that employees exhaust their vacation and sick time at the beginning of an approved medical leave of absence? Answer: Generally, an employer may require employees to exhaust their paid time off when a medical leave, such as that under the Family and Medical Leave Act (FMLA), is unpaid. When not required, employees may choose to use their paid time off, vacation, or sick pay benefits to maintain income for part of their leave. Whether using paid leave or not, leave taken for an FMLA-qualified reason is job-protected. If an employee is receiving any wage replacement benefits (such as benefits paid under a disability plan or workers’ compensation) during an FMLA leave, the employee generally may not use, and the employer may not require the employee to use, any accrued or accumulated paid benefit time. There are exceptions in some states, where employees may be allowed to combine workers’ compensation or disability plan benefits with paid time off…
Apr 30, 2018
People Processes: No more lunch catering for your employees?
Human Resources: Issues and Answers,Can employers still reimburse employees for meals?, Issue: Your company reimburses employees for meals when they work late or on weekends. You heard that the Tax Cuts and Jobs Act of 2017 changed the tax treatment of such meals. What are the revised rules? Answer: The Tax Cuts and Jobs Act of 2017 (TCJA) revised the limits on meals provided to employees, as well as the limits on other company meals and entertainment expenses. Prior to January 1, 2018, subject to other requirements and limitations under the Internal Revenue Code (IRC) that applied to the deduction of business expenses, employers were generally permitted to: Deduct up to 50 percent of the cost of the face value of tickets to non-charitable events and up to 100 percent of the cost of tickets for charitable events as client entertainment expenses; Deduct up to 50 percent of the cost of meals and other food and beverages provided while entertaining clients or while traveling on c…
Apr 27, 2018
People Processes: Compliance Update – Applications, Min Wage, Tips, and Turnover.
Employment inquiries. A new law in Michigan prohibits local governments in the state from adopting ordinances that regulate the information a current or potential employer may request, require, or exclude on job applications or during the interview process. This includes local prohibitions on salary history inquiries, as well as local “ban-the-box” requirements. Notably, the law does not bar criminal background check requirements in connection with the receipt of a license or permit from a local governmental body. Minimum wages. Nevada’s minimum wage is adjusted each year based on increases in the federal minimum wage or, if greater, the cumulative increase in the cost of living. According to the Office of the Labor Commission, the rates, effective July 1, 2018, will remain unchanged — $7.25 per hour with an offer of qualifying health benefits or $8.25 per hour without such an offer. The rate for daily overtime also stays the same because the minimum wage rate is not changin…
Apr 25, 2018
People Processes: Equal Pay – Rizo v. Yovino
Another Step Toward Equal Pay On April 9, 2018, in Equal Pay Act (https://www.eeoc.gov/laws/statutes/epa.cfm) an employer cannot justify a wage differential between male and female employees by relying on prior salary. The EPA prohibits sex-based wage discrimination between men and women, in the same establishment, who perform jobs that require substantially equal skill, effort, and responsibility under similar working conditions. According to the court’s opinion, “[w]e now hold that prior salary alone or in combination with other factors cannot justify a wage differential. To hold otherwise – to allow employers to capitalize on the persistence of the wage gap and perpetuate that gap [endlessly] – would be contrary to the text and history of the EPA and would vitiate the very purpose for which the act stands.” In plain language, An employee’s prior salary does not constitute a “factor other than sex” upon which a wage differential may be based under the “catchal…
Apr 23, 2018
People Processes: Tax Credit for Paid Family Medical Leave
IRS guidance on tax credit for paid family and medical leave On April 9, 2018, the IRS issued a set of 10 (https://answersnow.cch.com/?refUrl=https%3A%2F%2Fmy.coloniallife.com%2Fproducers%2FSearch%2520Results%3Fq%3Dcch%26page%3D1&P=collife&cpid=WKUS-REX-HRLP#2f6612ec7cfd10009ce1d8d385ad169401-footdocd341255e1fn13)). It is not available for wages paid in taxable years beginning after December 31, 2019. Claiming the credit. The credit is a general business credit employers may claim, based on wages paid to qualifying employees while they are on family and medical leave, subject to certain conditions. An employer must reduce its deduction for wages or salaries paid or incurred by the amount determined as a credit. Also, any wages taken into account in determining any other general business credit may not be used in determining this credit. To claim the credit, employers must have a written policy in place that meets certain requirements, including: provision of at least two weeks of…
Apr 13, 2018
Employee Handbook Q&A
Question: We recently made some changes to our handbook policies regarding benefits offered to employees and have a disclaimer stating, “The Company reserves the exclusive right to change or terminate any benefits or related policy at any time in accordance with applicable law.” Are we required to have employees sign a new acknowledgement of the handbook because of these recent changes? Answer: Yes, employees should be required to sign an acknowledgement noting that they are aware of any new policies or changes to existing policies. Any new or changed policy should be provided to employees through the distribution of a new handbook accompanied by a brief memo directing the employees to the locations of the changes and requesting an updated acknowledgement signature. Without distributing and getting proof of receipt, the changed policies may be difficult to point to when correcting, disciplining, or terminating an employee. Most employers update their handbooks every one to two…
Apr 11, 2018
People Processes: Employee Handbook Self Audit Pt 2
Introduction part 2 Most employment relations experts agree that employee handbooks are an essential part, if not the foundation, of effective human resources (HR) management and positive employee relations. Handbooks can also play a critical role in demonstrating employment law compliance. Properly used, employee handbooks: Communicate policies and procedures. Play a key role in the orientation process for new employees. Serve as a valuable employee relations vehicle for educating current and prospective employees. Contribute to uniform and consistent application, interpretation, and enforcement of company policies. Protect against claims of improper employer conduct. While carefully drafted employee handbooks can be an important part of employee relations media, handbooks that are unskillfully or improperly drafted can create organizational and legal headaches. Courts increasingly view employee handbooks as binding contracts subject to judicial enforcement. Accordingly, employe…
Apr 10, 2018
People Processes: Employee Handbook Self Audit Pt 1
Employee Handbook Self-Audit Introduction Most employment relations experts agree that employee handbooks are an essential part, if not the foundation, of effective human resources (HR) management and positive employee relations. Handbooks can also play a critical role in demonstrating employment law compliance. Properly used, employee handbooks: Communicate policies and procedures. Play a key role in the orientation process for new employees. Serve as a valuable employee relations vehicle for educating current and prospective employees. Contribute to uniform and consistent application, interpretation, and enforcement of company policies. Protect against claims of improper employer conduct. While carefully drafted employee handbooks can be an important part of employee relations media, handbooks that are unskillfully or improperly drafted can create organizational and legal headaches. Courts increasingly view employee handbooks as binding contracts subject to judicial enforcement…
Apr 6, 2018
Q&A: PTO Negative Balances, Religious Holidays, Complicated Overtime
Question: Our vacation policy allows employees to “borrow” up to 40 vacation hours before earning them. Employees who leave our employment but have not repaid their hours are deducted those hours on their final paycheck. Is this permissible? Answer: According to an Opinion Letter (http://www.dol.gov/whd/opinion/FLSANA/2004/2004_10_06_17FLSA_NA_unearned_vacation.htm) from the U.S. Wage and Hour Division, Office of Enforcement Policy, employees must be informed in advance of the unearned vacation time policy and that the employer will deduct from their pay the cost of such vacation time if they leave the company prior to earning sufficient vacation time to eliminate the vacation deficit. So long as such notice is in place, the amount of wages advanced as paid vacation time falls into the same category as a bona fide loan or cash advance to which the employee has voluntarily agreed. As such, the employer may deduct the amount advanced for the vacation hours from the employee’s…
Apr 4, 2018
Q&A: FLSA Deep Dive Pt 2
Question: What does “discretion and independent judgment” mean when applying the duties tests? Answer: The Department of Labor defines the use of discretion and independent judgment as more than the use of skill in applying well-established techniques, procedures, or specific standards described in manuals or other sources. The use of discretion and independent judgment implies that one has authority to make an independent choice, free from immediate direction or supervision. However, discretion and independent judgment can be used even if the decision or recommendation is reviewed by higher authority in the organization. Discretion and independent judgment does not require that the decisions being made have to be final or free from review. The fact that one’s decisions may be subject to review and that upon occasion the decisions are revised or reversed after review does not mean that one is not using discretion and independent judgment. The phrase “discretion and independ…
Apr 2, 2018
Q&A: Deep Dive into FLSA Part 1
Question: I have an exempt employee who would like to earn extra money working in another department in a nonexempt role. She works 40 hours per week in the exempt role, and would work 15 to 20 hours per week in a nonexempt role. Would she automatically receive the overtime rate for each hour of nonexempt work if she works 40 hours in her exempt role? Answer: The primary issue is not how to calculate overtime, but rather whether you may have an employee classified as both exempt and nonexempt. Your employee may perform more than one job for you, but under the federal Fair Labor Standards Act (FLSA) regulations an employee must be classified as either exempt or nonexempt, but not both. Your employee’s exemption status requires an analysis of both positions to determine her primary duty (see 29 C.F.R. 541.700 (http://www.ecfr.gov/cgi-bin/text-idx?SID=adf470eb9c70b71cb066c1f3a1e2df35&mc=true&node=se29.3.541_1700&rgn=div8)). The term “primary duty” means the principal, main, m…
Mar 30, 2018
People Process: What to do when you have to fire someone.
Sometimes, you have to let someone go. It sucks, its sad, and its also a legal minefield. This episode addresses the checklist needed when you let someone go. We are not going to really get into why you should fire someone, but rather we are going to dive into the steps you need to go through once the decision is made. Involuntary Termination Checklist First, as a reminder, discuss termination with management and your qualified legal counsel to ensure the termination is warranted and legally compliant (http://www.eeoc.gov/policy/docs/retal.html#IIpartD). (on our show notes, we have a link to the EEOC policy’s to review prior to letting someone go.) Prepare the final pay check according to state requirements (http://www.dol.gov/whd/contacts/state_of.htm) and confirm that the final wages will be ready for the employee, as applicable by state law. Prepare the appropriate separation forms: State Unemployment forms/ pamphlets Termination letter Severance Agreement/Releas…
Mar 28, 2018
Q&As: Mom and Pop Medical Insurance, In Network ER, and Bonus’s for Salaried Employees
2 Person Group Insurance Question: Is a small owner-only business eligible for group medical insurance? At this time, our company is comprised of the owner and his wife. There are no other employees yet, but we plan to hire employees in the future. Can we buy a group policy now or do we have to wait until we have other employees? Answer: The question of whether a “mom and pop” business can purchase medical coverage as a group often comes up. Each state’s insurance laws control the type of policies that can be sold in that state and also defines who is a “group.” Insurance laws vary from state to state, but generally a husband/wife business does not qualify as a group if there are no other employees. There must be at least one W-2 employee who is not an owner or business partner (or spouse of an owner or partner). In the meantime, the owner may apply for an individual policy to cover himself and spouse (and eligible children, if any). Lastly, there is a small handful of st…
Mar 26, 2018
People Processes: Electronic HR Files
Goodbye Papercut Monster. Hello Electronic Personnel Files. Previously, we discussed records retention and how long employers need to hang on to all things having to do with hiring and retaining employees. As promised, we’ll now delve into best practices for storing that same information electronically. Take that, papercut monster! Know the Basics It likely goes without saying that your electronic records should be stored in a safe and accessible place and in such a way that they can be easily examined (by auditors or employees, if permissible in your state). The electronic files need to be convertible into readable paper copies to satisfy reporting and disclosure requirements. Make Security as Tight as Fort Knox Arguably the most important consideration when storing personnel records is security. You wouldn’t leave sensitive documents in an unlocked file cabinet and should follow the same thought process when storing documents electronically. Secure computers, documents, server…
Mar 21, 2018
Weekly Compliance Update: HSA’s, FLSA, and Discrimination
Health savings accounts. The limit on health savings account (HSA) contributions for 2018 is now $6,850 for family coverage, as updated by the IRS to reflect changes under the recent tax reform law. Medical savings accounts. The 2018 deductibles and out-of-pocket expenses required for health plans to qualify as “high deductible” plans under the medical savings account (MSA) rules have been modified due to changes enacted under the Tax Cuts and Jobs Act of 2017. FLSA compliance. The U.S. Department of Labor’s Wage and Hour Division (WHD) will be launching a pilot — the Payroll Audit Independent Determination (PAID) program — to facilitate the resolution of potential Fair Labor Standards Act (FLSA) overtime and minimum wage violations. The program will allow employers to self-report potential wage violations that they uncover during a compensation practices self-audit. Employers must pay all back wages due but will not have to pay liquidated damages or civil monetary pe…
Mar 16, 2018
Q&A: Tax Credit for paid FMLA? Yes!
Question: Our company is considering adopting a paid family leave program for employees. I think I read something indicating paid family leave was addressed in the tax bill that passed late last year. Is that true? Answer: First of all, kudos to you. Paid family and medical leave policies are a great benefit for employers to adopt to stay competitive in the current market and have become a necessity in the several states that have adopted paid family leave laws or regulations. To answer your question, you are correct. The federal Tax Cuts and Jobs Act enacted in late 2017 creates § 45S of the IRS Code to provide certain employers a tax credit for offering paid family and medical leave to employees. To be eligible for the credit, the employer’s paid family and medical leave policy must: Be voluntarily implemented by the employer (i.e., the employer cannot be in a state or locality that requires employers to provide paid family and medical leave). Additionally, leave paid by a…
Mar 16, 2018
Compliance Update: Marijuana in the Workforce
Marijuana regulations are rapidly changing, keeping both employers and lawmakers on their toes. With expanding legislation legalizing medical and recreational marijuana spreading across the country, what used to be a clear workplace policy enforced by HR and safety managers — zero tolerance — is becoming hazier. A recent Arcview Market Research (https://arcviewgroup.com/research/). This report also predicts that the legal cannabis market will grow 28 percent annually by 2021 as more states legalize marijuana for recreational use and today’s markets mature, as long as the federal government doesn’t crack down on state-legal cannabis. The Legal Climate Nine states and the District of Columbia have legalized marijuana for recreational use: Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont, and Washington. Twenty-nine other states have legalized medical marijuana. Federal laws still maintain that marijuana is an illegal Schedule 1 drug, and the Occupati…
Mar 14, 2018
Listener Questions: EEOC, FSA’s, and 2018 NLRB Updates
Question: We are in the process of revising our employee handbook. Are there any anticipated new laws that will require policy changes in early 2018? If so, we will probably wait for those new policies before finalizing the handbook. Answer: It is not easy to predict changes to laws or regulations, particularly when there has been a lot of activity in the courts and in Washington recently. With that said, in mid- to late December 2017, the National Labor Relations Board (NLRB) was active in overruling several decisions that significantly impact employers. One decision, Boeing Company and Society of Professional Employees in Aerospace, IFPTE Local 2001 [download] (http://links.govdelivery.com/track?type=click&enid=ZWFzPTEmbXNpZD0mYXVpZD0mbWFpbGluZ2lkPTIwMTcxMjE0LjgyNDk0NjIxJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE3MTIxNC44MjQ5NDYyMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE2OTcyNDU4JmVtYWlsaWQ9bnF1aW5uZ2F0b0B0aGlua2hyLmNvbSZ1c2VyaWQ9bnF1aW5uZ2F0b0B0aGlua2hyLmNvbSZ0YXJnZXRpZD0mZmw9JmV4dHJhPU11bHRpd…
Mar 12, 2018
People Processes – An Introduction
(https://i2.wp.com/peopleprocesses.com/wp-content/uploads/2018/02/people-processes-rect.png?ssl=1) Welcome to People Processes Podcast. This episode has an introduction to the structure of the podcast, what information you can expect to gain, and a quick story of on of our business leaders who helped turn her organization around