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Courtesy of Pat DiDomenico at Business Management Daily
Last month’s news that AT&T is facing a $1 billion (with a B!) class-action lawsuit over wage-and-hour mistakes put a jolt into U.S. employers of all sizes. That came on the heels of word that the U.S. Department of Labor dramatically beefed up its enforcement division. If this doesn’t scare you, it should.
A BusinessWeek report says Fair Labor Standards Act (FLSA) lawsuits have “exploded nationwide,” and that “because wage-and-hour laws have been so widely violated, undetonated land mines remain buried in countless companies.”
Which pay-related mistakes are you making?
- Employees wrongly classified as exempt from overtime?
- Hourly employees paid incorrectly (or not at all) for their travel time?
- Failing to retain payroll records for the right amount of time (3 years, right?)?
- You closed the shop when the blizzard hit – do you have to pay the staff?
- Violating – or being unaware of – the “rounding law”?
All it takes is one employee filing one complaint to get the class-action snowball rolling downhill. Wal-Mart paid $640 million; IBM coughed up $65 million; Siebel forked over $27 million. Amazon is facing a huge lawsuit for allegedly violating the rounding law.
Something to think about….
Posted January 27th, 2010 by Jessica Spinks - Posted in 2009 Money-Saving Strategies, Human Resources | |
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Courtesy of CPEhr.com
As business owners look to the new year, layoffs might be on their mind, but there are some things to consider before rushing into this option.
Consider if laying off staff is the best choice.
1. Freeze new hires, pay or bonuses
2. Reduce salaries, fringe benefits, or 401 (k) matching
3. Reduce work hours or adopt alternative work schedules
4. Make selective, performance-based terminations
5. Provide incentives for early retirement
If layoffs are inevitable, be proactive by forming a committee to address the multitude of areas which are likely to be affected. Be sure to review your company’s Employee Handbook and review your termination policies. Be sure to ask, and answer, the following questions:
1. Have you reviewed your company’s Progressive Discipline policies?
2. If so, was the system followed?
3. Are there written employment contracts?
4. Are there union contracts? Do they limit your right to terminate?
Additional areas to consider include:
1. Establish an objective, financially beneficial reason to layoff staff. This will be important if your motives are questioned in the future.
2. Review your workforce and determine which employees will be selected for layoffs.
3. Train managers and supervisors on proper layoff procedures.
4. Draft enforceable severance and release agreements.
5. Prepare COBRA notices.
Posted January 6th, 2010 by Jessica Spinks - Posted in Human Resources | |
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Hiring is what you do when you let the world know that you’re accepting applications from people looking for a job.
Recruiting is the act of finding the very best person for a job and persuading them to stop doing what they’re doing and come join you.
Hiring is easy and fast and is basically a retail operation.
Recruiting is artful and slow and is essentially a direct marketing effort.
Recruiting raises the bar because it demands you have a job worth quitting for. The recruiter doesn’t solve an urgent problem for the person being recruited, in fact, they create one. That person already has a job (hence no problem). The problem being created is that until they change over to your job, they’ll be unhappy. That’s a huge hurdle for a job to overcome, which leads to this key question:
Is your job opening so good you could recruit great people for it?
If not, perhaps you need to work on that.
Posted January 4th, 2010 by Jessica Spinks - Posted in Human Resources | |
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In this weeks NAPEO newsletter I read an interesting article about the rising healthcare costs among businesses this year. But instead of going into the usual story of the state of our healthcare today, the article provides a sense of relief. "There are still creative ways in which employers can control and reduce group insurance costs." Through the use of a PEO (Professional Employer Organization), your employees and business have access to all of the benefits of a larger business through the co-employment relationship. The arrangement also offers access to areas such as HR, payroll, compliance, workers compensation and risk management, and 401-k administration.
When a smaller company enters into this co-employment relationship you employees get pooled in with the PEO’s large group plan and therefore one has access to better rates and options. "Additional savings may be realized through increased purchasing power for liability insurance as well as other benefits including: Flexible Spending Accounts, COBRA administration, Employment Practice Liability Insurance, Employee Assistance Programs, Wellness Programs, ans use of binding arbitration to resolve employee related suits. "
In addition, with a PEO a company has access to HR Management Practices that they would not have without a PEO. These include, enhancement of management practices (including better health insurance), and pre-employment drug testing. All of these best practices make it easier to attract top talent.
To sum up this article, they make the recommendation that you take your time and choose a PEO wisely, based on years of experience, its location, and the offerings that it has to make your business more efficient. Stop waisting time with administrative tasks and get back to growing your business.
Posted December 9th, 2009 by Jessica Spinks - Posted in Health, Human Resources | |
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An article released by BLR.com
Starbucks recently paid a reported $3 million to settle a class action lawsuit alleging its travel expense policy violated state wage and hour laws. The majority of the workers claimed they regularly used their personal vehicles to perform work-related duties but were allegedly told that Starbucks had a policy of not reimbursing for mileage. This settlement proved to be a costly lesson for the Seattle-based coffee purveyor - and a wake-up call for employers everywhere.
Travel-related expenses aren’t the only hot-button issue these days. New York-based fashion retailer Polo Ralph Lauren Corp. recently paid $1.5 million to settle a lawsuit alleging it required workers to wear clothes with distinctive designs without reimbursing them for what they claimed constituted uniforms. Also, the U.S. Department of Labor’s Wage and Hour Division issued an opinion letter earlier this year on whether an employee would have to pay out-of-pocket to replace a uniform damaged while he was off the clock.
It’s real-life issues like these that come up time and again for employers grappling to understand whether they’re in compliance with the laws governing reimbursements.
Posted December 2nd, 2009 by Jessica Spinks - Posted in Human Resources | |
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Give Thanks to the HR department in your company!
- Paychecks. You didn’t think that your pay was determined by little elves who then magically printed your check right month in and month out, did you?
- Fairness. Sure, you complain about HR, but who’s the first one you run to when things don’t seem fair? You know.
- Training. There are people you never even heard of in your company who work in Learning and Development. Know what they do? They design those training classes that help you advance your career.
- Benefits. They “owe” you benefits, right? I don’t think so. A lot of HR pros spend countless hours toiling to make sure that your benefits go for the greater good. And, surprise, they haggle with insurance companies on your behalf.
- Vacation. You might be surprised to find out that a company doesn’t have to offer vacation or pay you for it. HR pros work for you to make your time off policies be competitive, the best for you, and the most financially responsible for the company.
- Disability. Sure, there are government mandates for disability, but there’s also HR in your corner helping you through your disability. You don’t call your manager when you have to go on long-term disability, do you?
- Coworkers. Look left; look right. See those people working alongside you? Thank HR. They’re the ones who have to plan staffing and recruit candidates. Then they prepare the offer letter. Onboard the new people. Exit the bad ones.
- Reviews. I know, you hate performance reviews. I do too. But guess what? If HR weren’t there to move performance reviews along, that schmuck that you’d been working next to for the last three years would still be there. Keep the goods ones and dump the bad ones. Who do you call? HR.
- Increases. Sure, your manager makes decisions about your merit increase. But where did that money come from? HR compensation spends a lot of time making sure that money and headcount match. And they watch the market to make sure it’s fair. Result: More money in your pocket.
- Bonuses. Hello, Bonus. Hey, isn’t that the most beautiful of seasons? Here’s the broken record, but guess who’s behind that glorious bonus check? You know it. Your friends in HR, who are watching competitive pay practices across the world and are talking about the business effects with managers. (Those of you who got huge stock option grants in the late 1990s should hit your knees every day and be thankful.)
source (www.knowhr.com)
Posted November 24th, 2009 by Jessica Spinks - Posted in Human Resources | |
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Found this on Facebook…
A PEO is much more than an outlet or cost effective resource for payroll. What can you do with 4% to 7% of your Gross Annual Payroll freed up from your non-profit generating expenses?
1. Time
PEO’s remove non-productive tasks that take away time and resources so you can focus on bottom line activities such as strategic planning, marketing, and customer service. Could you make more money if you had time to work your business? Time is money in business.
2. Cash Flow
PEO’s improve your cash flow by integrating most of your employee cost-centers into a single cost factor; including employer matching FICA, FUTA, SUTA, Work Comp, Administrative Overhead, and employee benefits. Your cash flows in "real-time" right along with your business income.
3. Workers’ Compensation
PEO’s make buying and maintaining work comp easier than ever. No more BIG down payments. No more year-end premium audits. Because your work comp is built into your PEO rate, you pay as you go which frees up more dollars for company growth.
4. Employee Benefits
Most PEO’s have many "turnkey" benefit plans in place for your employees. Imagine instantly adding a 401(k) plan, a Section 125, Group Health, Vision, Dental and Life, and other valuable benefits to your business without spending a fortune. Best of all, the PEO’s manage the programs, payroll deductions, and benefit records, making employee benefits easier than ever to provide and manage.
5. Government Compliance
PEO’s simplify all the rules and regulations associated with employing people. They can assist you in complying with all federal, state, and local laws and statutes. PEO’s provide you with legally required employee forms and paperwork. They even maintain and store your employee files.
6. Human Resources
PEO’s act as your own personal HR Department, assisting with employee handbooks, job descriptions, recruiting, record management and conflict resolution. Do your business practices and policies protect you from employee lawsuits? PEO’s provide a reliable source to get your employee-related questions answered by HR professionals.
7. Operating Leverage
PEO’s create operating leverage for businesses by creating a fixed cost for employing people. Rather than having to increase your internal investment in human capital and equipment to keep up with external growth, the PEO provides a predictable mechanism that allows you to increase profits at a greater rate than internal costs.
8. Employee Turnover
PEO’s reduce turnover be establishing better systems, policies and benefit packages. Turnover can cost your business thousands of dollars a year in lost production and employee re-training. A good PEO will help keep your employees loyal and motivated and you spend less on training.
9. Risk Management
PEO’s can really benefit businesses with work comp experience modifiers above 1.00. They can offer sound advice for improving workplace safety and preventing claims from occurring. They will proactively manage your comp claims and work with you to reduce claim costs and investigate potential fraudulence.
10. Payroll & Taxes
PEO’s solve each of these problems by becoming a co-employer with you. The PEO issues paychecks, W-2’s, direct deposits and tax deposits. They assume your tax liabilities and responsibilities as the IRS employer of record. This co-employment agreement and payroll administration makes everything possible for employers.
Posted November 6th, 2009 by Jessica Spinks - Posted in Benefits, Customer Service, Health, Human Resources, Immigration, Performance Reviews, Productivity, Recruiting, Wages, Workers' Comp | |
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With the rise of social media in the workplace, your human resource personnel should take a closer look at their company policies.
Facebook, Twitter, and LinkedIn have become socially acceptable marketing and networking tools for the business world today. These pieces of technology aid in building one’s brand in very unique ways. But this is not new news to anyone, especially those of us who have been on these sites for years now.
Facebook has 90 million users, and is the #1 social networking site in the world and the fourth most-trafficked website in the world. There is an incorrect impression that Facebook is only for the young and used primarily for social purposes. Not so. More than 50% of Facebook’s active users are 25 years or older. LinkedIn now has 23 million users, with an average age of 41. LinkedIn is now growing faster than Facebook. This means your employees are using these sites on a daily basis!
What business owners really need to know is how to handle the use of these in a professional setting. We can talk about the obvious “HR policies” that should be in place such as Facebook and Twitter should not be used for personal use on company time, but this is up to the personal discretion of the owner. You might consider adding a “social networking” policy to your company handbook. What about more pressing issues such as privacy, leaking valuable and confidential company information online, and online co worker battles?
We have seen countless examples of social media “gone bad”, and situations one would have never thought possible. First, employees need to be aware of their privacy when it comes to their accounts. Be aware that your co workers and possible supervisors may be able to see your personal life even if you are not directly friends with them. When you put something on the internet it is out there forever and can’t be taken back! Your status should probably not say “I hate my job” when you are Facebook friends with your HR manager. In addition, managers should make sure that their employees know a company’s confidential information that should never be leaked into cyber-space. Even if your employees are using these sites for marketing and branding purposes there are still things that shouldn’t be said. Lastly, when a dispute is going on with co workers a social networking platform is probably not the best place to “talk” about it. They should be handled by Human Resources in a professional manner.
Take on the challenge to address these issues in your business as soon as possible. Do not ignore this trend because it is here to stay and will probably affect you and your company at some point.
Posted October 28th, 2009 by Jessica Spinks - Posted in Human Resources, Other | |
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The subject of healthcare reform is not only timely but the eventual outcome will affect every citizen personally and professionally. With an increase in information it is becoming tougher to know where to get accurate information. Knowing how it will affect your business and your personal health care needs makes this a topic for all to be interested in, no matter what side of the political fence you sit on. It is important to stay educated and informed. To summarize a little bit of recent news in regards to businesses and recent bills proposed, according to Benefits by Design’s recent newsletter, under currently proposed bills “employers will be mandated to provide health benefits to all of their employees, even if they already provide comprehensive coverage and employers will have to contribute specific amounts towards their employee premiums. Employers that don’t do this will face harsh penalties. The Senate bill does exempt employers with less than 25 employees, but the House bill applies to all employers with payrolls of $500,000 or more, which could cause wage stagnation and the loss of millions of jobs.” Some helpful resources include this website where you can see some proposals that have been submitted to Congress. (http://www.kff.org/healthreform/sidebyside.cfm) It shows how each reform option compares to the next. In addition this article sent out by NAPEO speaks to the impact on small businesses. (http://www.njbiz.com/weekly_article.asp?aID=79260) What can you do? Feel free to contact your local officials to get your opinions across.
Posted October 1st, 2009 by Jessica Spinks - Posted in Health, Human Resources | |
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Posted September 1st, 2009 by Jessica Spinks - Posted in 2009 Money-Saving Strategies, Human Resources | |
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