Hey everybody, welcome to the FINAL episode of SmallBiz Brainiac! Yes… I’m ending this podcast. That’s hard for me to say, actually. This has been a labor of love for me and I’ve learned so much from doing this. It was a bit scary starting off. If you go back to the first 100 episodes… I pretty much sucked. I think the content is solid but as a podcaster, I stink… still do.

So, I’ve been thinking about ending the show for several weeks now, and I’ve finally decided that it’s time to turn my attention toward executing the business plan I’ve been working on for the past 12 months.

When I started this show 17 months ago, I didn’t have a clear picture of how I would incorporate it into my business. In fact, I started it before I had my current business.

At the time, I was in a role transition. I almost said career transition, and that’s kind of true except I’m still in the same industry, just a different role. In 2015 I decided to resign from my position as the Chief Operating Officer of a large and growing Professional Employer Organization called Vensure Employer Services. But after almost 23 years of being in the operations side of the business, I needed a change.

There are a lot of reasons why I made the difficult decision, but I didn’t realize how much the job was a part of my identity until I was no longer the COO. Walking away from it was a mixture of emotions. After all, I co-founded the company with my Uncle back in 2004 and I was the CEO until July of 2012, when the new majority shareholder came in and took over that role, and I stepped into the COO role.

Since then, the company has gone through a lot of changes, it has grown significantly, and is now a major league player in the PEO industry. I’m really proud to have been a part of the company’s success, and to have helped create something that is doing so well today. Even though I resigned from Vensure, I’m still working with Vensure.

I now own an insurance agency. But this isn’t your traditional insurance agency, it’s more like a business advisory firm. I’m on a mission to use my two and a half decades of business operations, accounting, insurance, HR, payroll, and risk management expertise; and my newly acquired marketing skills, which includes my ClickFunnels Certified Partner status, to make small business owners’ insurance premiums go further, to get more services… and better service, without spending any more than they already do. And Vensure is a big part of how I do that.

But let me get back to the point… which is when I started this podcast, my next step wasn’t clear. The origins of it actually go back to 2014. Fortunatly, I now have a clear vision of my path, and this podcast, SmallBiz Brainiac, isn’t the right fit. And so, it will be replaced with a new show later this year. One that will be perfectly aligned with where I’m going.

If you want to get an email announcing the launch of the new show, go to smallbizbrainiac.com and sign up for the brainwave newsletter, and you’ll be the first to hear about it.

So, thank you, thank you, thank you, for listening. I hope you’ve learned a few things from this podcast. The one lesson I’d like you to take away is that you should hire a PEO to help you not just survive as an employer, but to thrive as one. You shouldn’t go at it alone. It’s too dangerous out there. Everyone wants a piece of you…the regulators, politicians, competitors, lawyers and leeches. A PEO is like your suit of armor. It will help protect you as you head into battle.

Who in your organization should be responsible for recruiting, interviewing and hiring candidates? Who should be responsible for carrying out the unenviable task of letting employees go, regardless of whether it is for performance, behavior, or just downsizing? I’m a firm believer in tasking your managers with the responsibilities of hiring and firing their own staff.

That being said, it’s important your managers are well trained in this area so you’re not putting the company at risk. When I say have your managers hiring and firing their own staff, that does not mean they shouldn’t keep the HR department informed, or consult with them before making decisions. HR should still be part of any staffing process.

Hiring Responsibilities:

Hiring an employee can be a time consuming process. Your managers may not have a lot of extra time to devote to going through all that’s involved. If this is the case, you may want to lean on your HR department for some assistance. If you don’t have an in-house HR team, your managers can do this on their own, it may just take time away from their everyday responsibilities. You could also outsource specific HR tasks to a third party.

If you do have an HR department, have your HR team handle the recruitment process for your managers. Nobody knows what a departments needs are better than the manager in charge of that department. At least it should be that way. Have the manager sit down with HR to complete the job description, listing all of the necessary requirements that they are looking for. HR can then take this information, create the job listing and then start the recruitment process. HR should post the available position on any of their preferred job sites, or even post the job internally to give an opportunity for advancement from within the company.

They may even want to engage a third party recruiter to start filling the interview pipeline. When a candidate responds to the listing, HR can do a “pre-interview” screening, usually over the phone to filter out any candidates that may not actually meet all of the requirements. Job seekers tend to respond to any opening whether they meet the posted requirements or not, so this phone screening is a good way to filter out the pretenders from the contenders so as to not waste anybody’s time with in person interviews of unqualified candidates.

Candidates who pass the phone screening can then be scheduled for an in person interview with the manager. If your manager is well seasoned in the interview process then they could perform the interview on their own. If not, it may be a good idea to have an HR representative attend the interview with the manager to help steer the interview and provide additional support to the manager. After concluding the series of interviews, the manager and HR should discuss each of the candidates and make a decision.

You want your managers to be hiring the candidates with the most attractive skill set to perform the job, not the most attractive physical appearance. Hiring decisions should be based on the candidates ability to perform the work. You want to empower them to do what’s best for their department to succeed. Allowing them to make their own staffing decisions shows you have confidence in their abilities. But don’t turn a blind eye. If a department is under performing, then maybe your manager isn’t making the right staffing decisions. Or perhaps you don’t have the right manager.

Termination Responsibilities:

Along the same lines, when it comes time to terminate an employee the manager needs to be able to make these decisions and be involved in this process, but not without consulting HR. You don’t want to create a monster by allowing your manager to become a tyrant. Having a process in place for]]>Empower your Managers to make their own hiring and firing decisions. 

Who in your organization should be responsible for recruiting, interviewing and hiring candidates? Who should be responsible for carrying out the unenviable task of letting employees go, regardless of whether it is for performance, behavior, or just downsizing? I’m a firm believer in tasking your managers with the responsibilities of hiring and firing their own staff.

That being said, it’s important your managers are well trained in this area so you’re not putting the company at risk. When I say have your managers hiring and firing their own staff, that does not mean they shouldn’t keep the HR department informed, or consult with them before making decisions. HR should still be part of any staffing process.

Hiring Responsibilities:

Hiring an employee can be a time consuming process. Your managers may not have a lot of extra time to devote to going through all that’s involved. If this is the case, you may want to lean on your HR department for some assistance. If you don’t have an in-house HR team, your managers can do this on their own, it may just take time away from their everyday responsibilities. You could also outsource specific HR tasks to a third party.

If you do have an HR department, have your HR team handle the recruitment process for your managers. Nobody knows what a departments needs are better than the manager in charge of that department. At least it should be that way. Have the manager sit down with HR to complete the job description, listing all of the necessary requirements that they are looking for. HR can then take this information, create the job listing and then start the recruitment process. HR should post the available position on any of their preferred job sites, or even post the job internally to give an opportunity for advancement from within the company.

They may even want to engage a third party recruiter to start filling the interview pipeline. When a candidate responds to the listing, HR can do a “pre-interview” screening, usually over the phone to filter out any candidates that may not actually meet all of the requirements. Job seekers tend to respond to any opening whether they meet the posted requirements or not, so this phone screening is a good way to filter out the pretenders from the contenders so as to not waste anybody’s time with in person interviews of unqualified candidates.

Candidates who pass the phone screening can then be scheduled for an in person interview with the manager. If your manager is well seasoned in the interview process then they could perform the interview on their own. If not, it may be a good idea to have an HR representative attend the interview with the manager to help steer the interview and provide additional support to the manager. After concluding the series of interviews, the manager and HR should discuss each of the candidates and make a decision.

You want your managers to be hiring the candidates with the most attractive skill set to perform the job, not the most attractive physical appearance. Hiring decisions should be based on the candidates ability to perform the work. You want to empower them to do what’s best for their department to succeed. Allowing them to make their own staffing decisions shows you have confidence in their abilities. But don’t turn a blind eye. If a department is under performing, then maybe your manager isn’t making the right staffing decisions. Or perhaps you don’t have the right manager.

Termination Responsibilities:

Along the same lines, when it comes time to terminate an employee the manager needs to be able to make these decisions and be involved in this process, but not without consulting HR. You don’t want to create a monster by allowing your manager to become a tyrant. Having a process in place for your managers to discuss their decision to want to terminate an employee is a great practice. This can help your company avoid possible legal troubles down the road.

Once a manager has decided that they want to terminate an employee, have them set an appointment to discuss the matter with HR. HR can then identify any possible situations where there may be cause for concern. HR can work with the manager to outline necessary steps to follow in order to complete the termination appropriately so as to minimize any negative repercussions that could arise. HR can also coach the manager on what to say during the termination before hand.

This is not a time where the manager can just wash their hands of the situation by deciding they want someone terminated, telling HR about it, then expecting HR to do their dirty work. One of the most difficult tasks of being a manager is having to fire people. I’ve done it many times over. It’s never easy, but if your managers want the good of being a manager, they have to take the bad of being a manager as well.

That being said, when terminating someone, it’s always a good idea to have the manager do it with an HR representative present. The HR representative can serve as a witness in the event a terminated employee decides to file a wrongful termination claim. The HR representative can also assist the manager by answering questions that may arise during the termination.

A lot of this depends on your companies structure. As I briefly eluded to earlier, you may be a small operation that doesn’t have a formal HR department. If your a small enough business it may just be you that is the CEO, HR and manager all in one. If that’s the case I definitely recommend seeking outside advice from an HR firm when necessary.

There are many HR firms out there that can provide a-la-carte consulting services. They can help with your recruiting efforts as well as offer advice on how to appropriately handle a termination. – Robert Attridge, Co-Host of SmallBiz Brainiac podcast.

EPLI stands for Employment Practices Liability Insurance.

The free report available on our website, smallbizbrainiac.com, called “8 Steps to Lowering Your Employer Liability”, is all about buying EPLI insurance. The very process of preparing the complete the application will put you in a great position.

So go get a copy of that report.

What is EPLI?

EPLI protects you, your company, its directors, officers and both current and former employees from claims and lawsuits filed by….well, your current and former employees as well as employment candidates. Some policies will also cover claims made by third-parties, like customers, clients and vendors.

It covers the cost of defending you against claims or lawsuits related to your employment practices. It will also pay any judgment entered against you. At least up to the limits of the policy. It’s important to understand that the defense costs apply to the limit. So, if the policy limit is $500,000 and the legal costs are $200,000 that leaves $300,000 to pay settlements and judgments.

EPLI covers you against employment discrimination claims, sexual harassment claims, wrongful termination claims and violations of the Family Medical Leave Act and other mandatory leave violations. It usually does not cover you against wage and hour claims or violations of the National Labor Relations Act.

For example, if your terminate someone after they complain about sexual harassment, and they sue for retaliatory discharge, your EPLI insurance will pay the defense costs and any settlement or judgment amounts.

On the other hand, let’s say you misclassify an employee as salary exempt and you don’t pay them overtime. Your EPLI policy will not cover a claim for backpay.

It won’t pay for bodily injury or property damage or intentional or dishonest acts either.

Not all policies are the same so it’s important to understand what you’re getting.

Notice of Right to Sue:

If an employee wants to sue you for discrimination on the basis of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age, disability, genetic information, or retaliation, they have to file a complaint with the Equal Employment Opportunity Commission, or EEOC, first.

After the EEOC has investigated the complaint, they may issue a Notice of Right to Sue. After that, your employee has 90 days to file a lawsuit.

If your employee wants to file a lawsuit before the EEOC has completed their investigation, they may ask for a Notice of Right-to-Sue. If more than 180 days have passed from the filing, then the EEOC is required to give them the notice. If it’s been less than 180 days, they won’t issue the notice unless they’ll be unable to finish their investigation within 180 days.

Employees don’t need a Notice of Right to Sue if they’re suing for age discrimination, but they still have to file a complaint with the EEOC, and must wait 60 days before suing. If they want to file a claim under the Equal Pay Act, they don’t have file a complaint with the EEOC. Instead, they can head straight to court, but they must file with 2 years. If the discrimination was willful, then they have 3 years to file.

There were 91,503 discrimination charges processed by the EEOC in fiscal year 2016. They resolved 97,443 charges and collected over $482 million. So, they were able to gain some ground on their case backlog. Almost 46% of charges included retaliation claims. After that, the most popular are race, disability and sex...]]>It doesn’t matter if you are guilty or not, an employment discrimination claim is going to cost you.

EPLI stands for Employment Practices Liability Insurance.

The free report available on our website, smallbizbrainiac.com, called “8 Steps to Lowering Your Employer Liability”, is all about buying EPLI insurance. The very process of preparing the complete the application will put you in a great position.

So go get a copy of that report.

What is EPLI?

EPLI protects you, your company, its directors, officers and both current and former employees from claims and lawsuits filed by….well, your current and former employees as well as employment candidates. Some policies will also cover claims made by third-parties, like customers, clients and vendors.

It covers the cost of defending you against claims or lawsuits related to your employment practices. It will also pay any judgment entered against you. At least up to the limits of the policy. It’s important to understand that the defense costs apply to the limit. So, if the policy limit is $500,000 and the legal costs are $200,000 that leaves $300,000 to pay settlements and judgments.

EPLI covers you against employment discrimination claims, sexual harassment claims, wrongful termination claims and violations of the Family Medical Leave Act and other mandatory leave violations. It usually does not cover you against wage and hour claims or violations of the National Labor Relations Act.

For example, if your terminate someone after they complain about sexual harassment, and they sue for retaliatory discharge, your EPLI insurance will pay the defense costs and any settlement or judgment amounts.

On the other hand, let’s say you misclassify an employee as salary exempt and you don’t pay them overtime. Your EPLI policy will not cover a claim for backpay.

It won’t pay for bodily injury or property damage or intentional or dishonest acts either.

Not all policies are the same so it’s important to understand what you’re getting.

Notice of Right to Sue:

If an employee wants to sue you for discrimination on the basis of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age, disability, genetic information, or retaliation, they have to file a complaint with the Equal Employment Opportunity Commission, or EEOC, first.

After the EEOC has investigated the complaint, they may issue a Notice of Right to Sue. After that, your employee has 90 days to file a lawsuit.

If your employee wants to file a lawsuit before the EEOC has completed their investigation, they may ask for a Notice of Right-to-Sue. If more than 180 days have passed from the filing, then the EEOC is required to give them the notice. If it’s been less than 180 days, they won’t issue the notice unless they’ll be unable to finish their investigation within 180 days.

Employees don’t need a Notice of Right to Sue if they’re suing for age discrimination, but they still have to file a complaint with the EEOC, and must wait 60 days before suing. If they want to file a claim under the Equal Pay Act, they don’t have file a complaint with the EEOC. Instead, they can head straight to court, but they must file with 2 years. If the discrimination was willful, then they have 3 years to file.

There were 91,503 discrimination charges processed by the EEOC in fiscal year 2016. They resolved 97,443 charges and collected over $482 million. So, they were able to gain some ground on their case backlog. Almost 46% of charges included retaliation claims. After that, the most popular are race, disability and sex discrimination. The two charges with the least number of complaints, making up 1.3% combined, were Equal Pay Act and Genetic Information Non-Discrimination Act violations.

Discrimination Claim Examples:

Not sure what a discrimination claim looks like? Here are some examples from Great American Insurance Group.

SEXUAL HARASSMENT – A former employee for a landscaper in Massachusetts with 18 employees was discharged due to poor performance and later filed a complaint with the EEOC alleging sexual harassment by the owner. The EEOC dismissed the charge finding no cause. The employee appealed the decision and the EEOC upheld its earlier decision. $15,000 in defense costs were spent defending the matter.

DISABILITY DISCRIMINATION/RETALIATION – A former employee at a restaurant in Missouri with 30 employees filed a complaint with the EEOC on the basis of disability discrimination and retaliation. The employee was demoted for excessive absenteeism and subsequently resigned. The employee claims she was absent due to a medical condition and not given reasonable accommodation. The employer claims it was not notified of the medical condition. The matter settled for $6,000 with another $5,000 in defense costs.

PREGNANCY DISCRIMINATION – A former employee at a private school in Florida with 52 employees alleged pregnancy discrimination after she was terminated upon returning from maternity leave. When she returned to work, she was advised that she now needed a master’s degree for her position. She did not hold a master’s degree and was offered a demotion. She filed a discrimination charge with the state agency. The matter settled for $23,500 with another $10,000 in defense costs.

AGE DISCRIMINATION – A former employee at a construction company in Ohio with 93 employees filed suit alleging age discrimination. He alleged that he was terminated and replaced by a younger employee after working for over 10 years for the Company. He also alleges no younger employees were terminated at the time of his termination. The employer claims his position was eliminated and he was not replaced. The matter settled for $18,000 with another $40,000 in defense costs.

And finally,

DISCRIMINATION/RETALIATION – A former employee at a retail store in Colorado with 400 employees was terminated following a fight that took place between two employees which resulted in the plaintiff suffering severe injuries. The plaintiff’s spouse contacted the Company to obtain details on medical benefits and the plaintiff was terminated a few days later. The Company alleged the plaintiff was terminated following an investigation into his role in the fight not due to the request for medical benefits. An EEOC charge was filed alleging discrimination and retaliation due to disability, request for medical leave and request for worker’s compensation benefits. A suit was subsequently filed in District Court alleging wrongful termination in violation of the American with Disabilities Act and Family Medical Leave Act as well as disability discrimination and retaliation. The plaintiff and Company arbitrated the claim and the plaintiff was awarded $4,000,000.

You can see from these examples that it doesn’t matter if you are guilty or not, it’s still going to cost you. Even if the EEOC doesn’t issue a Right to Sue Notice, you’ll still incur legal expenses during their investigation.

So, should you buy EPLI? I certainly think so. It’s affordable and, as you can see that one unfounded claim could cost you a considerable amount.

Today I want to talk to you about your employees total compensation. No, total compensation is not simply the employees annual salary. It is more than that.

It refers to the total cost of employing an individual.

Why is this important? I believe this to be important on two levels. It’s important for employers to have an idea of just how much it costs to employ someone. This may help you make more informed hiring and firing decisions.

It’s also important that the employee understands that their compensation is more than just what their paycheck shows every payday.

According to a study conducted by Human Resource firm PayScale, nearly 40% of all businesses prepare total compensation reports for their employees.

Total Compensation: 

Total compensation can be defined as the employee’s cash wage plus any non-cash benefits that are paid on behalf of the employee by their employer. A lot of times these non-cash benefits are never seen by the employee, therefore they have no idea that you the employer are even paying them.

Or maybe they have an idea, but it’s never discussed with them so they may not really see it as a benefit for them. Let’s go over some of the non-cash items that you are most likely to be contributing on behalf of your employees.

Health Insurance is going to be one of the largest, if not the largest non-cash value that your employees receive. There are also employer paid matching retirement contributions, and let’s not forget the employer paid portion of payroll taxes. These will be the most common items factored into a total compensation report that you may prepare.

Your organization may provide additional non-cash benefits such as Flexible Spending Accounts, life insurance, disability insurance or any other benefit you may provide that was not mentioned. Costs such as equipment or workplace amenities would not be included in a typical total compensation report.

Let’s put a quick example together.

Let’s say you hire a new employee at $50,000 per year annual salary. As previously stated, this number simply represents the gross pay, before taxes, that your employee will be paid in cash. The employees annual salary is obviously going to be the lions share of the total compensation report. Then if you factor in the FICA taxes which are 15.3%, 7.65% of which is paid by you the employer. On $50,000, that number is $3,825.

So you can see already it’s going to cost you at least $53,825 to pay your employee $50,000. Let’s say you have a medical plan where the company pays 100% for the employee only, family coverage is extra and would be paid by the employee. For the purpose of our example, the employee only coverage is just over $416 per month.

This adds up to around $5000 for the year. Lets throw in a retirement plan where the employer matches 25% on the first 4% that the employee contributes. In this example the employer matching contribution would be $500. So that’s a pretty basic benefit offering and if we add all that up we get a total compensation report that shows us that it will take $59,325 to pay this employee an annual salary of $50,000 and provide a basic benefit offering.

In reality, it will actually cost you a little bit more than this because we didn’t factor in unemployment taxes and any other employer paid taxes that may be due at a state level. These items are typically not included in a total compensation report.

You can tailor the compensation report to your needs. You can decide what to include and what not to include in the report. If you don’t think that your matching contribution to the retirement plan is not all that...]]>Total compensation statements show employees how much you’re actually investing in them.

Today I want to talk to you about your employees total compensation. No, total compensation is not simply the employees annual salary. It is more than that.

It refers to the total cost of employing an individual.

Why is this important? I believe this to be important on two levels. It’s important for employers to have an idea of just how much it costs to employ someone. This may help you make more informed hiring and firing decisions.

It’s also important that the employee understands that their compensation is more than just what their paycheck shows every payday.

According to a study conducted by Human Resource firm PayScale, nearly 40% of all businesses prepare total compensation reports for their employees.

Total Compensation: 

Total compensation can be defined as the employee’s cash wage plus any non-cash benefits that are paid on behalf of the employee by their employer. A lot of times these non-cash benefits are never seen by the employee, therefore they have no idea that you the employer are even paying them.

Or maybe they have an idea, but it’s never discussed with them so they may not really see it as a benefit for them. Let’s go over some of the non-cash items that you are most likely to be contributing on behalf of your employees.

Health Insurance is going to be one of the largest, if not the largest non-cash value that your employees receive. There are also employer paid matching retirement contributions, and let’s not forget the employer paid portion of payroll taxes. These will be the most common items factored into a total compensation report that you may prepare.

Your organization may provide additional non-cash benefits such as Flexible Spending Accounts, life insurance, disability insurance or any other benefit you may provide that was not mentioned. Costs such as equipment or workplace amenities would not be included in a typical total compensation report.

Let’s put a quick example together.

Let’s say you hire a new employee at $50,000 per year annual salary. As previously stated, this number simply represents the gross pay, before taxes, that your employee will be paid in cash. The employees annual salary is obviously going to be the lions share of the total compensation report. Then if you factor in the FICA taxes which are 15.3%, 7.65% of which is paid by you the employer. On $50,000, that number is $3,825.

So you can see already it’s going to cost you at least $53,825 to pay your employee $50,000. Let’s say you have a medical plan where the company pays 100% for the employee only, family coverage is extra and would be paid by the employee. For the purpose of our example, the employee only coverage is just over $416 per month.

This adds up to around $5000 for the year. Lets throw in a retirement plan where the employer matches 25% on the first 4% that the employee contributes. In this example the employer matching contribution would be $500. So that’s a pretty basic benefit offering and if we add all that up we get a total compensation report that shows us that it will take $59,325 to pay this employee an annual salary of $50,000 and provide a basic benefit offering.

In reality, it will actually cost you a little bit more than this because we didn’t factor in unemployment taxes and any other employer paid taxes that may be due at a state level. These items are typically not included in a total compensation report.

You can tailor the compensation report to your needs. You can decide what to include and what not to include in the report. If you don’t think that your matching contribution to the retirement plan is not all that generous, and you don’t want to highlight that piece, you are free to leave it out. It’s completely up to you to decide what you want to include in the report, and what you would rather just keep out of the spotlight.

Share Total Compensation with Your Employees?

Should you share the total compensation report with your employee? I say yes to this, but you’ll have to decide if this is the best strategy for you and your company.

If you do decide to share the total compensation report with your employee, you do want to present it properly so as to not confuse the employee, or make a situation worse for yourself. You want this information to be beneficial to all involved.

When to Share Total Compensation:

I think it’s a good idea to provide a total compensation report up front when you hire a new employee, but make sure it is clear. Make sure there is no mistake that the annual salary is $X and that the non-cash value of associated benefits is $Y. You don’t want your new hire to misinterpret what you are showing them.

Perhaps have a manager or your HR department go over this in person with the new hire so they have an opportunity to explain the report to the employee. The Society for Human Resource Management, or SHRM, has a great report sample on their website. Take a minute and visit the show notes of this episode on our website at smallbizbrainiac.com. There will be a link to the report sample if you want to see it and perhaps create your own reports using their sample as a guide.

Another good time to share a total compensation report with your employee is at their annual review. If the annual review is resulting in a pay increase to your employee this may be a good time to go over the total compensation report with them again. You can show them the change from the previous year to the new year. However, if a pay increase is not going to happen, you may want to tread lightly here.

Some HR experts will warn you about using the total compensation report as justification for not giving an employee a pay increase. I agree with this. If an employee is not due a pay increase, for whatever reason, it may seem like a good idea to soften the blow by highlighting the non-cash benefits they receive.

However, put yourself in the employees position. Would this appease you if you felt you were due a raise in your salary, but instead were told sorry, no pay increase, but we will continue to pay all of your benefits. It’s never easy to deliver the bad news, but don’t make it worse by trying to soften the blow with the compensation report as justification.

More often than not, your employees will not receive that message as you intended. If you are in this situation it may be best to just let them know that the company is not in a position to offer a pay increase at this time and only provide a total compensation report upon request.

The total compensation report is a great tool for communication with your employees if presented properly. It’s important to make sure your HR and management teams understand what is in the total compensation report and are trained on how to use this report to their advantage when communicating with their employees. Your employees eyes will be opened to all the benefits that you are actually contributing to their compensation package.

Even if you don’t have employees in Minneapolis, you need to stay on top of all the local HR laws because they are a sign of things to come. Especially if you live in a city that is governed by Democrats.

The city of Minneapolis has bought into the voodoo economic theory that they can regulate the labor market and bend it to their will. They’ve jumped on the municipality minimum wage bandwagon and passed an ordinance creating a city minimum wage of $10.00 effective January 1, 2018 and increasing each year until it reaches $15.00 in 2024.

The City Council and Mayor apparently unhappy with the federal and state governments lack of action to protect the city’s citizens health, safety and general welfare, have taken matters into their own dirty little hands.

You see, the labor market, and every other segment of the economy, are far too complex for any one politician or gaggle of politicians to understand, let alone control. They can manipulate the markets, thereby making them more expensive and complex. They can even kill certain markets sending them into the black market. But the only certain outcome of their meddling is damaging unintended consequences.

Seattle’s Minimum Wage:

Seattle’s minimum wage took effect April 1, 2015. The minimum gradually increases to $15 per hour as early as this year, and as late as 2021, based on the size of the business. After reaching $15 per hour, it will increase every January 1st thereafter, based on the Consumer Price Index for the area.

So how’s it working so far for low-wage workers? The answer, not so well. According to The Seattle Minimum Wage Study Team at the University of Washington, employers have cut their payroll, postponed hiring and reduced hours or terminated employees. Overall, the study says the average low-wage worker lost $125 month because of the increase in the minimum wage. And those are the results of just the first 9 months. Long before the full-effect will be felt.

The reports says:

“… our best estimates find that the Seattle Minimum Wage Ordinance appears to have lowered employment rates of low-wage workers. This negative unintended consequence (which are predicted by some of the existing economic literature) is concerning and needs to be followed closely in future years, because the long-run effects are likely to be greater as businesses and workers have more time to adapt to the ordinance.”

But, maybe economics work differently in Minneapolis. After all, I’m sure, being the rhode scholars they aren’t, the City Council members know what they’re doing.

States Are Fighting Back:

I don’t know if they have the authority to do this or not, but other municipalities have had their actions overturned by the state and blocked from future similar ordinances. According to an article on the New York Times website titled: Blue Cities Want to Make Their Own Rules. Red States Won’t Let Them., states have banned local ordinances from passing minimum wage increases and paid sick days.

In St. Louis for example, a new State law takes effect on August 28th pre-empting the City’s minimum wage ordinance. Their $10 minimum only took effect on May 5, 2017. It was going to increase to $11 on January 1, 2018… but, no more.

And in another example, just as the city of Birmingham passed a minimum wage ordinance, the State of Alabama...]]>The city of Minneapolis has bought into the voodoo economic theory that they can regulate the labor market and bend it to their will.

Even if you don’t have employees in Minneapolis, you need to stay on top of all the local HR laws because they are a sign of things to come. Especially if you live in a city that is governed by Democrats.

The city of Minneapolis has bought into the voodoo economic theory that they can regulate the labor market and bend it to their will. They’ve jumped on the municipality minimum wage bandwagon and passed an ordinance creating a city minimum wage of $10.00 effective January 1, 2018 and increasing each year until it reaches $15.00 in 2024.

The City Council and Mayor apparently unhappy with the federal and state governments lack of action to protect the city’s citizens health, safety and general welfare, have taken matters into their own dirty little hands.

You see, the labor market, and every other segment of the economy, are far too complex for any one politician or gaggle of politicians to understand, let alone control. They can manipulate the markets, thereby making them more expensive and complex. They can even kill certain markets sending them into the black market. But the only certain outcome of their meddling is damaging unintended consequences.

Seattle’s Minimum Wage:

Seattle’s minimum wage took effect April 1, 2015. The minimum gradually increases to $15 per hour as early as this year, and as late as 2021, based on the size of the business. After reaching $15 per hour, it will increase every January 1st thereafter, based on the Consumer Price Index for the area.

So how’s it working so far for low-wage workers? The answer, not so well. According to The Seattle Minimum Wage Study Team at the University of Washington, employers have cut their payroll, postponed hiring and reduced hours or terminated employees. Overall, the study says the average low-wage worker lost $125 month because of the increase in the minimum wage. And those are the results of just the first 9 months. Long before the full-effect will be felt.

The reports says:

“… our best estimates find that the Seattle Minimum Wage Ordinance appears to have lowered employment rates of low-wage workers. This negative unintended consequence (which are predicted by some of the existing economic literature) is concerning and needs to be followed closely in future years, because the long-run effects are likely to be greater as businesses and workers have more time to adapt to the ordinance.”

But, maybe economics work differently in Minneapolis. After all, I’m sure, being the rhode scholars they aren’t, the City Council members know what they’re doing.

States Are Fighting Back:

I don’t know if they have the authority to do this or not, but other municipalities have had their actions overturned by the state and blocked from future similar ordinances. According to an article on the New York Times website titled: Blue Cities Want to Make Their Own Rules. Red States Won’t Let Them., states have banned local ordinances from passing minimum wage increases and paid sick days.

In St. Louis for example, a new State law takes effect on August 28th pre-empting the City’s minimum wage ordinance. Their $10 minimum only took effect on May 5, 2017. It was going to increase to $11 on January 1, 2018… but, no more.

And in another example, just as the city of Birmingham passed a minimum wage ordinance, the State of Alabama passed a law pre-empting the City from regulating minimum wage.

So, time will tell if Minneapolis’s ordinance survives.

Minneapolis’s Municipal Minimum Wage:

The Minneapolis Ordinance says the City has broad authority through its police powers to enact regulation to further the public health, safety, and general welfare. It says increasing the minimum wage DIRECTLY promotes the health, safety and welfare of workers in the City.

The other stated reason is a living wage. The City Council says the living wage in Minneapolis is $15.25 per hour for a single person and $19.80 for a family of three, yet they’re only increasing the minimum wage to $15.00. And it won’t reach that level until July 1, 2022 for large employers, and July 1, 2024 for small employers.

For large employers the rate starts at $10.00 on January 1, 2018 and jumps to $11.25 on July 1, 2018 and then it goes up every July 1st thereafter.

For small employers it starts at $10.25 July 1, 2018 and goes up every July 1st thereafter.

A large employer has more than 100 employees and a small employer has 100 or fewer.

To determine you business size, take the average number of employees who worked each week in the previous calendar year.

If you’re a new business, you’ll look at the average number of employees you had during the first 90 days following your first employee starting work.

You have to count all employees, including part-time, joint-employees and temporary employees. You can’t use a PEO or a temporary staffing company to escape the large employer rates. Also, if you are a franchisee and you have more than 10 locations nationally, you’re a large employer.

If you have employees outside the city limits and one of them works 2 or more hours in the city then you have to pay them the City minimum wage for those hours. Employees just passing through the city aren’t covered, as long as they do not have any business related stops except for food, gas or a personal errand.

There are of course penalties for non-compliance. If you don’t keep proper records, that’s $1,000 for each failure. If you don’t post the proper notice provided to you by the City’s Department of Civil Rights each year, that will cost you $1,000, and if you retaliate against one of your employees for exercising their rights under the Ordinance you’ll have to pay between $700 and $3,000 for each violation.

Also, you’re liable for back-pay and compensatory damages.

But the real kicker is for restaurants. Tips are not counted as wages toward the minimum wage.

The Maine House of Representatives passed a referendum in November 2016 to raise both the regular and the tipped minimum wages. Tipped servers began to complain and they succeed having the tipped minimum excluded from the increase.

Here is an excerpt from a June 27th article in the Washington Post about this:

“Their fears were twofold, said Sue Vallenza, a 55-year-old bartender at the Pilot House in Kennebunk, Maine, who immediately began lobbying state legislators to overrule the referendum. Many servers feared the higher costs to owners would lead them to raise prices or cut shifts. And at a packed, 10-hour April meeting of the Maine Legislature’s Labor, Commerce, Research and Economic Development Committee, dozens of servers also said some confused customers were already tipping less.

Vallenza said she saw her hourly tips drop by more than $2 per hour, from the $20 to $30 per hour she made before.

“I don’t need to be ‘saved,’ and I’ll be damned if small groups of uninformed people are voting on my livelihood,” Vallenza said. “You can’t cut someone off at the knees like that.”

So, we’ll see… maybe Minneapolis servers will lobby the City Council to get an exemption.

Not Good For Low-Wage Workers:

These social engineers see nothing immoral about making it illegal for you to contract with another individual for their labor at a price both parties are willing to accept. The only thing minimum wage laws do is cause the less skilled workers to be unemployed.

And why does the government, at any level, have the right to mandate every employee be paid an arbitrarily derived living wage? Dispensing coffee or flipping burgers was never meant to support you, let alone a family of four. What fool ever thought that was the case? Is everyone entitled to living wage based on their own circumstance?

This rapidly expanding fight for a living minimum wage is hurting low-skill workers. The higher you push the cost of labor, the more affordable replacing technology becomes. Remember, a $10 restaurant wage translates to a cost of about 11.20 per hour due to employer taxes and workers’ compensation insurance. That’s not including any benefits like health insurance.

McDonals’ kiosks cost $60,000. That’s a one-time cost. The kiosk will work 24/7 and won’t sue you.

Having remote employees away from your main or corporate office is nothing new. With today’s technology however, it has become increasingly more prevalent.

Businesses are no longer forced to look in their local market for potential employees. As with most things in life, this can be both a blessing and a curse.

You can really expand your pool of qualified candidates if you’re willing to look beyond your local market, but hiring employees out of state brings additional challenges for HR, as well as the remote employee’s direct supervisor or manager.

Let’s take a look at some of the challenges you’ll face from hiring remote employees.

HR Challenges:

Conducting an interview for a remote employee may be a bit more challenging than a standard in-person interview. A telephone interview may be sufficient, however it’s difficult to get an accurate read on a potential candidate with out being able to see them. A video interview using a service such as Skype, may be a better solution if an in-person interview just isn’t possible.

After the interviews are conducted and the decision is made to hire a remote employee, the on-boarding process comes into play. Some companies may opt to have a newly hired employee come into the office for the first few days of employment for on-boarding and training purposes, even though they will ultimately be working remotely.

This is a great way to go if you can afford it. It’s an opportunity to properly introduce the new hire to their co-workers, as well as go through a proper on-boarding, where the employee learns about the company’s expectations and culture.

You may also find in-person training to be more effective than remote training.

If bringing out a new hire to your corporate location is cost prohibitive, then remote on-boarding is possible. Perhaps the most challenging aspect of remotely on-boarding a new hire is the completion of the Form I-9.

The U.S. Citizenship and Immigration Services (USCIS) requires the employment authorization documents to be physically examined. Because of this, you will need to utilize an authorized representative in the area of the remote employee to complete this process.

The USCIS states: “You may designate an authorized representative to fill out Forms I-9 on behalf of your company, including personnel officers, foremen, agents or notary public. When completing Form I-9, you or authorized representative must physically examine each document presented to determine if it reasonably appears to be genuine and relates to the employee presenting it. Reviewing or examining documents via webcam is not permissible.”

One additional note to be aware of: “If an authorized representative fills out Form I-9 on your behalf, you are still liable for any violations in connection with the form or the verification process.” Your other on-boarding processes can be completed remotely such as benefits enrollment, delivery and explanation of employee handbook, explanation of company policies, etc.

Supervisor/Manager Challenges:

Managers are tasked with many day to day responsibilities. The most important task is managing their employees. It’s a difficult aspect of the job to begin with. Managing all the different personalities that make up their team. Making sure that you have a cohesive team that works well together and is productive is not always as easy as some may think.

Adding remote employees to the mix does not always make things easier. You may be able to avoid some of the day to day clashes between co-workers that maybe are not a...]]>A Big challenge with remote employees is communication. Some managers fall victim to the “out of sight, out of mind” syndrome.

Having remote employees away from your main or corporate office is nothing new. With today’s technology however, it has become increasingly more prevalent.

Businesses are no longer forced to look in their local market for potential employees. As with most things in life, this can be both a blessing and a curse.

You can really expand your pool of qualified candidates if you’re willing to look beyond your local market, but hiring employees out of state brings additional challenges for HR, as well as the remote employee’s direct supervisor or manager.

Let’s take a look at some of the challenges you’ll face from hiring remote employees.

HR Challenges:

Conducting an interview for a remote employee may be a bit more challenging than a standard in-person interview. A telephone interview may be sufficient, however it’s difficult to get an accurate read on a potential candidate with out being able to see them. A video interview using a service such as Skype, may be a better solution if an in-person interview just isn’t possible.

After the interviews are conducted and the decision is made to hire a remote employee, the on-boarding process comes into play. Some companies may opt to have a newly hired employee come into the office for the first few days of employment for on-boarding and training purposes, even though they will ultimately be working remotely.

This is a great way to go if you can afford it. It’s an opportunity to properly introduce the new hire to their co-workers, as well as go through a proper on-boarding, where the employee learns about the company’s expectations and culture.

You may also find in-person training to be more effective than remote training.

If bringing out a new hire to your corporate location is cost prohibitive, then remote on-boarding is possible. Perhaps the most challenging aspect of remotely on-boarding a new hire is the completion of the Form I-9.

The U.S. Citizenship and Immigration Services (USCIS) requires the employment authorization documents to be physically examined. Because of this, you will need to utilize an authorized representative in the area of the remote employee to complete this process.

The USCIS states: “You may designate an authorized representative to fill out Forms I-9 on behalf of your company, including personnel officers, foremen, agents or notary public. When completing Form I-9, you or authorized representative must physically examine each document presented to determine if it reasonably appears to be genuine and relates to the employee presenting it. Reviewing or examining documents via webcam is not permissible.”

One additional note to be aware of: “If an authorized representative fills out Form I-9 on your behalf, you are still liable for any violations in connection with the form or the verification process.” Your other on-boarding processes can be completed remotely such as benefits enrollment, delivery and explanation of employee handbook, explanation of company policies, etc.

Supervisor/Manager Challenges:

Managers are tasked with many day to day responsibilities. The most important task is managing their employees. It’s a difficult aspect of the job to begin with. Managing all the different personalities that make up their team. Making sure that you have a cohesive team that works well together and is productive is not always as easy as some may think.

Adding remote employees to the mix does not always make things easier. You may be able to avoid some of the day to day clashes between co-workers that maybe are not a great personality fit, but a new set of challenges may arise.

One of the biggest challenges when it comes to remote employees is the communication. Some managers fall victim to the “out of sight, out of mind” syndrome. This has happened to me. Not that I forgot that I had employees out of state, but that I would sometimes forget to communicate the same message to the remote employees that I just communicated to the team in the office.

Setting up a process for communication is a key element to managing a remote employee. Consider scheduling a weekly meeting where the remote employees join via phone, or a web video call to discuss important topics or projects. This will help the remote employees feel more like part of the team and also remind the office employees that they have team members away from the office.

Another challenge for managers is to make sure that the remote employees are being as productive as the office employees. Again, don’t let out of site, out of mind creep in. Are your remote employees getting all of the expected tasks done? If they are working from home, that could be a recipe for a lot of distraction that could effect their productivity.

I’ve had great remote employees and some not so great. Some of the great ones were actually more productive than some of my in-office employees.

Make sure you conduct periodic performance reviews and documenting those reviews. They will come in very handy if you find yourself needing to someday terminate a remote employee.

Terminating a remote employee can get tricky. You’ll want to make sure that your supervisor or manager is working closely with your HR team so it’s handled properly. Create a checklist ahead of time so you know exactly what actions need to take place and what equipment if any needs to be returned.

Ideally you will want to handle any termination in person. This will allow for easier retrieval of company property.

Again, if an in-person meeting is not possible, then you may conduct a termination via phone. You should refrain from ever terminating an employee via text. It’s very impersonal and unprofessional.

For a termination performed remotely where you also need to recoup company property, be careful to not withhold the employees final pay while you wait for company property to be returned.

It’s illegal, and in some states entitles your employee to three times the amount in damages. Instead, pay the employee their final paycheck as required, and perhaps structure a separate severance payout based upon the successful return of company property.

Payroll Challenges:

Hiring remote employees also poses challenges for your payroll team.

If an employee is hired in a new state, then the payroll team will need to make sure that you have all of the proper tax accounts opened in that new state. This would be state income tax (if applicable), state unemployment tax, and in a few states you may have a state disability tax, and/or a local tax.

This adds additional tax payments and reporting every quarter. In addition, the payroll team will need to make sure they understand all of the local regulations for that particular state such as minimum wage, mandatory paid leave, etc.

I went over a few challenges to look out for and it makes it seem like I’m trying to talk you out of hiring remote employees. That not my goal here. If you can find a rock star employee that you must have on your team then it may well be worth fighting through these challenges. I have had some great employees that worked remotely and it was well worth working through any challenges that arose.

I’ve spent 3 episodes teaching you what a recession is and what economic indicators you should be watching to signal danger. I’ve tried convincing you that we’re on the verge of another one, and that it’ll be worse than the previous “Great Recession”.

You should certainly care about recessions because they have a very real impact on your business. You might have forgotten the pain caused by the last one. You might not have been in business back then, or maybe you weren’t even in the labor market. You might have been in school and oblivious to the effects.

You might not like this subject or even believe we’re on the verge of another, more serious one.

Regardless, recessions are a reality, and another one will happen. In fact, if we are still in the post Great Recession expansion, then its the third longest expansion in our history. Only two other times have we gone this long between recessions.

About 9 million people lost their jobs in the Great Recession, and over 150,000 businesses shutdown.

So, you should have a plan for dealing with it before it happens. That way, when it does, and it will, you’ll know what to do. Whatever you do, don’t stick your head in the sand and wait for reality to punch you in the face.

New Recession Data:

Just since the last episode, an article in Schiffgold dated July 26th says:

“We have reported extensively on the stock market bubble, the student loan bubble, and the auto bubble. We even told you about a shoe bubble. But there is one bubble that is bigger and potentially more threatening than any of these.

The massive debt bubble.”

And the CEO of US Global Investors, Frank Holmes, writes in a July 25th article in Business Insider, that some people are calling it the “mother of all bubbles”.

He goes on to say that the Institute of International Finance (IIF), puts global debt at an astronomical $217 trillion as of the first quarter of 2017. That’s 327% of what the entire world produces in a year.

Global debt was “only” around $150 trillion back in 2008, and now, it’s at $217 trillion. So, in 10 years, the world has added about $120 trillion. That’s mind numbing!

Schiffgold reports that we Americans have racked up more than $1 trillion in credit card debt, and as of the end of 2016, the average credit card debt per American household was $8,377.

Consider this. If you add up the national debt, national unfunded liabilities and personal debt, that would be $446,540 per citizen! And if you took all the personal and business assets and sold them, each citizen would still be left owing over $38,000.

So… all this debt, has consequences.

HR’s Recession Plan:

Here’s how you should prepare for the next recession from an HR standpoint.

First, update your organizational chart, and keep it current. You should be reviewing and updating it monthly. You’ve gotta have a clear picture of the positions within your company, the hierarchy, and who’s working each one.

Then, update or create a detailed job description for each position. I go over how to create a job description in Nine million people lost their jobs in the Great Recession, and over 150,000 businesses shutdown. Create a plan for dealing with it before it happens again.

I’ve spent 3 episodes teaching you what a recession is and what economic indicators you should be watching to signal danger. I’ve tried convincing you that we’re on the verge of another one, and that it’ll be worse than the previous “Great Recession”.

You should certainly care about recessions because they have a very real impact on your business. You might have forgotten the pain caused by the last one. You might not have been in business back then, or maybe you weren’t even in the labor market. You might have been in school and oblivious to the effects.

You might not like this subject or even believe we’re on the verge of another, more serious one.

Regardless, recessions are a reality, and another one will happen. In fact, if we are still in the post Great Recession expansion, then its the third longest expansion in our history. Only two other times have we gone this long between recessions.

About 9 million people lost their jobs in the Great Recession, and over 150,000 businesses shutdown.

So, you should have a plan for dealing with it before it happens. That way, when it does, and it will, you’ll know what to do. Whatever you do, don’t stick your head in the sand and wait for reality to punch you in the face.

New Recession Data:

Just since the last episode, an article in Schiffgold dated July 26th says:

“We have reported extensively on the stock market bubble, the student loan bubble, and the auto bubble. We even told you about a shoe bubble. But there is one bubble that is bigger and potentially more threatening than any of these.

The massive debt bubble.”

And the CEO of US Global Investors, Frank Holmes, writes in a July 25th article in Business Insider, that some people are calling it the “mother of all bubbles”.

He goes on to say that the Institute of International Finance (IIF), puts global debt at an astronomical $217 trillion as of the first quarter of 2017. That’s 327% of what the entire world produces in a year.

Global debt was “only” around $150 trillion back in 2008, and now, it’s at $217 trillion. So, in 10 years, the world has added about $120 trillion. That’s mind numbing!

Schiffgold reports that we Americans have racked up more than $1 trillion in credit card debt, and as of the end of 2016, the average credit card debt per American household was $8,377.

Consider this. If you add up the national debt, national unfunded liabilities and personal debt, that would be $446,540 per citizen! And if you took all the personal and business assets and sold them, each citizen would still be left owing over $38,000.

So… all this debt, has consequences.

HR’s Recession Plan:

Here’s how you should prepare for the next recession from an HR standpoint.

First, update your organizational chart, and keep it current. You should be reviewing and updating it monthly. You’ve gotta have a clear picture of the positions within your company, the hierarchy, and who’s working each one.

Then, update or create a detailed job description for each position. I go over how to create a job description in episode 2. Job descriptions are overlooked or neglected in most small businesses. The roles and responsibilities of positions in small businesses often change, and that’s one of the reasons why they aren’t maintained. It’s also one the reasons why they’re so important.

But don’t let that discourage you. If you review and update them monthly you’ll be surprised how helpful they are. They’ll help you know when it’s time to add new positions, change titles, and reassign the duties. At a minimum studying the job descriptions, as part of any change, will give you valuable insight.

Make sure you have recent performance evaluations and that whatever your employee review policy is, you’re following it. Check out episode 90 for the 411 on performance reviews.

Dust off your company’s operating procedures and update them. These will be worth their weight in gold when you have to reduce the workforce and redistribute the workload. You’ve got to get those processes out of everyone’s head and into one centralized location accessible to everyone.

You can use a software app like SweetProcess to create some amazing documentation, complete with videos… now that’s sweet!

Cross-train employees so important tasks can be done by more than one person. This has many other benefits, like:

• Better employee engagement and satisfaction as they’ll appreciate the opportunity, challenge and variety.
• less organizational stress from employees taking time off.
• A better understanding of your business due to fresh perspectives.

Make sure you have a system for keeping track of all the software applications being used, who has accounts and what their passwords are. You can use a program like Passpack which will give both you and your employees a centralized location which you can managed.

Develop an action plan for reducing the size of your staff. Go department by department and consider which positions will be affected the most by a loss of business. This includes a plan for how you’ll go about the actual termination. You need to pay close attention here so you’re not creating any undue discrimination liability.

Remember to focus on positions and job duties, not individuals.

Consider what you can do without, what can be outsourced for a lower cost, and what could be automated. This will help you reorganize, consolidate and eliminate positions.

And finally, my recommendation is that you be open with your employees about what’s happening. Once you know it’s time to take action and you’ve developed your plan, let everyone in the company know what’s going on. The last thing you want to do is create company-wide panic and have the rumor monger running wild.

This is part of the business cycle… part of life, and it can make your company stronger if you’re prepared. Companies large and small are affected so you’re definitely not alone. Only government can ignore reality… although, not forever!

I know you are serious about your business. You’re serious about the work that you do to service your clients. Are you carrying this seriousness over to your own employees? You want, and frankly need, your employees to be your biggest asset and not become your biggest liability.

Today I want to focus on a high profile company that has not taken HR matters seriously and it has finally caught up with them and has shaken the make up of that company. If you have paid any attention to HR news lately then I’m sure you have heard about the issues going on at Uber.

Uber of course is the ever popular ride sharing company that has helped revolutionize the transportation industry with it’s easy to use mobile app that allows riders to schedule a ride and pay for it without having to exchange physical cash. The app is tied to the riders credit card in order to ensure payment.

Ubers HR Issues:

Uber has suffered massive negative effects to their public image recently due to poor HR tactics and company culture. Their issues have been well documented and are somewhat perplexing due to the length of time in which the culture that created their problems have persisted.

Details of Ubers culture, which some have dubbed a “frat-boy” culture, began to come to light for the masses in 2017 when a former employee named Susan Fowler published a blog post titled “Reflecting On One Very, Very Strange Year At Uber.”

In the blog post Susan Fowler describes an alleged event of harassment and how Uber responded to her report. The post reads “After the first couple of weeks of training, I chose to join the team that worked on my area of expertise, and this is where things started getting weird.

On my first official day rotating on the team, my new manager sent me a string of messages over company chat. He was in an open relationship, he said, and his girlfriend was having an easy time finding new partners but he wasn’t. He was trying to stay out of trouble at work, he said, but he couldn’t help getting in trouble, because he was looking for women to have sex with. It was clear that he was trying to get me to have sex with him, and it was so clearly out of line that I immediately took screenshots of these chat messages and reported him to HR.”

Susan then goes on to describe her interactions with Uber HR saying “Uber was a pretty good sized company at that time, and I had pretty standard expectations of how they would handle situation like this. I expected that I would report him to HR, they would handle the situation appropriately, and then life would go on. Unfortunately, things played out quite a bit differently.

When I reported the situation, I was told by both HR and upper management that even though this was clearly sexual harassment and he was propositioning me, it was this mans first offense, and that they wouldn’t feel comfortable giving him anything other than a warning and a stern talking to. Upper management told me that he “was a high performer” (i.e. had stellar performance reviews from his superiors) and they wouldn’t feel comfortable punishing him for what was probably just an innocent mistake on his part.

I was then told that I had to make a choice: I could either go and find another team and never have to interact with this man again, or I could stay on the team but I would have to understand that he would most likely give me a poor performance review when review time came around, and there was nothing they could do about that.”

If everything in Susan Fowlers account is accurate, then Ubers HR team did not appear to take this matter as seriously as they should have. You could argue that the HR teams response to this incident is a direct result of the...]]>If you don’t take HR seriously, no one else in your company will either.

I know you are serious about your business. You’re serious about the work that you do to service your clients. Are you carrying this seriousness over to your own employees? You want, and frankly need, your employees to be your biggest asset and not become your biggest liability.

Today I want to focus on a high profile company that has not taken HR matters seriously and it has finally caught up with them and has shaken the make up of that company. If you have paid any attention to HR news lately then I’m sure you have heard about the issues going on at Uber.

Uber of course is the ever popular ride sharing company that has helped revolutionize the transportation industry with it’s easy to use mobile app that allows riders to schedule a ride and pay for it without having to exchange physical cash. The app is tied to the riders credit card in order to ensure payment.

Ubers HR Issues:

Uber has suffered massive negative effects to their public image recently due to poor HR tactics and company culture. Their issues have been well documented and are somewhat perplexing due to the length of time in which the culture that created their problems have persisted.

Details of Ubers culture, which some have dubbed a “frat-boy” culture, began to come to light for the masses in 2017 when a former employee named Susan Fowler published a blog post titled “Reflecting On One Very, Very Strange Year At Uber.”

In the blog post Susan Fowler describes an alleged event of harassment and how Uber responded to her report. The post reads “After the first couple of weeks of training, I chose to join the team that worked on my area of expertise, and this is where things started getting weird.

On my first official day rotating on the team, my new manager sent me a string of messages over company chat. He was in an open relationship, he said, and his girlfriend was having an easy time finding new partners but he wasn’t. He was trying to stay out of trouble at work, he said, but he couldn’t help getting in trouble, because he was looking for women to have sex with. It was clear that he was trying to get me to have sex with him, and it was so clearly out of line that I immediately took screenshots of these chat messages and reported him to HR.”

Susan then goes on to describe her interactions with Uber HR saying “Uber was a pretty good sized company at that time, and I had pretty standard expectations of how they would handle situation like this. I expected that I would report him to HR, they would handle the situation appropriately, and then life would go on. Unfortunately, things played out quite a bit differently.

When I reported the situation, I was told by both HR and upper management that even though this was clearly sexual harassment and he was propositioning me, it was this mans first offense, and that they wouldn’t feel comfortable giving him anything other than a warning and a stern talking to. Upper management told me that he “was a high performer” (i.e. had stellar performance reviews from his superiors) and they wouldn’t feel comfortable punishing him for what was probably just an innocent mistake on his part.

I was then told that I had to make a choice: I could either go and find another team and never have to interact with this man again, or I could stay on the team but I would have to understand that he would most likely give me a poor performance review when review time came around, and there was nothing they could do about that.”

If everything in Susan Fowlers account is accurate, then Ubers HR team did not appear to take this matter as seriously as they should have. You could argue that the HR teams response to this incident is a direct result of the culture created at Uber.

The Miami Letter:

An email that recently surfaced from a 2013 company event in Miami sheds some light on what culture had been cultivated at Uber. In the email now known as the “Miami Letter,” Uber CEO Travis Kalanik laid out the DO’s and DON’TS for the company event in 2013.

In the email, and I’ll restate that this is coming from the CEO of Uber, Kalanick suggests that attendees, in this case employees, should not “throw large kegs off of tall buildings.” He also states that “No lives should begin or end” at the event. If you happen to imbibe a little too much “There will be a $200 puke charge for any public displays on the Shore Club premises.”

But perhaps the most curious “don’t” item in the email “Do not have sex with another employee UNLESS a) you have asked that person for that privilege and they have responded with an emphatic “YES! I will have sex with you” AND b) the two (or more) of you do not work in the same chain of command. Yes, that means that Travis will be celibate on this trip. #CEOLife #FML”.

Now, did I happen to mention that this email came from the CEO of Uber prior to a company event? Maybe it’s just me, but if you have to send an email like this before a company event, perhaps you should re-think your event. I know, I’m a lot of fun at party’s! Again, this email or letter to employees from 2013, again from the CEO goes to show you that company culture is dictated from the top.

This culture cultivated by the CEO ultimately ended up costing him his job as he was forced to resign after investors applied pressure for a change in an effort to restore the company’s image.

These two examples of poor HR management are only a small sample of the alleged issues going on at Uber. Taking a serious approach to HR is vital for your business. You want to protect your employees as they are your biggest asset. This in turn will protect your company’s image.

In parts 1 and 2 we learned that a recession is a significant decline in economic activity spread across the economy, lasting more than a few months. We also learned there’s NOT a consensus among economists about how to calculate if we are in one.

Besides, all the major players, using the traditional measures, missed calling the last recession… the Great Recession.

So it’s probably a good idea to look to those who did call it, and see what measurements they take. I’ve been calling these non-traditional recession indicators.

In this episode we’ll wrap up the argument… the argument being that we are very close to another recession, and that this one will be much worse than the last one, by looking at a few more “measuring sticks”.

Retail Store Closings:

A huge slowing in consumer credit is contributing to the slowdown in retail sales. Major brands are shutting down more than 4,000 stores this year. Many of these are the result of bankruptcy.

Business Insider calls it a Retail Apocalypse. In a March 23, 2017 article, Kate Taylor says “Walking through a mall in 2017 is like walking through a graveyard.”, and she provides some disturbing photographic evidence.

She also points out that visits to malls have declined by 50% from 2010 to 2013, according to the real-estate research firm Cushman & Wakefield. Fifty percent! That’s crazy!

In The Atlantic, Derek Thompson provides 3 reasons for this. A shift to online retail, too many malls were build, and a shift in spending from retail to meals and entertainment.

So is this just a shift in spending methods and preferences, or a sign of economic slowing?

It’s both. We’ve all changed the way we buy, but we’ve also borrowed a lot of money to make those purchases.

Auto Loans:

After record auto sales in 2015 and 2016, auto loan delinquencies have reached their “Great Recession” peak, but we’re not in a recession. Auto sales are down in 2017 even though interest rates are low and manufacturers are offering huge discounts.

Loan delinquencies of poor credit borrowers have reached the same level they were in 2009. But again, we’re not in a recession. So why does this matter?

Well, Casey Research looked at the S&P 500’s performance in relationship to auto sales. The S&P 500 is a measure of how the stock marker is performing. Since 2010, these two measurements have moved almost in sync with one another. So if that relationship continues, you can expect a sharp decline in the stock market to follow.

Stock Market Valuations:

Speaking about stocks. They are (in general) greatly overvalued. The stock market is in a major bubble right now.

According to Marc Faber, valuations are super high and earnings are not real. He says they’re overstated.

Yahoo Finance reported in 2016 that 93% of the entire stock market move since 2008 was caused by Federal Reserve policy.

In parts 1 and 2 we learned that a recession is a significant decline in economic activity spread across the economy, lasting more than a few months. We also learned there’s NOT a consensus among economists about how to calculate if we are in one.

Besides, all the major players, using the traditional measures, missed calling the last recession… the Great Recession.

So it’s probably a good idea to look to those who did call it, and see what measurements they take. I’ve been calling these non-traditional recession indicators.

In this episode we’ll wrap up the argument… the argument being that we are very close to another recession, and that this one will be much worse than the last one, by looking at a few more “measuring sticks”.

Retail Store Closings:

A huge slowing in consumer credit is contributing to the slowdown in retail sales. Major brands are shutting down more than 4,000 stores this year. Many of these are the result of bankruptcy.

Business Insider calls it a Retail Apocalypse. In a March 23, 2017 article, Kate Taylor says “Walking through a mall in 2017 is like walking through a graveyard.”, and she provides some disturbing photographic evidence.

She also points out that visits to malls have declined by 50% from 2010 to 2013, according to the real-estate research firm Cushman & Wakefield. Fifty percent! That’s crazy!

In The Atlantic, Derek Thompson provides 3 reasons for this. A shift to online retail, too many malls were build, and a shift in spending from retail to meals and entertainment.

So is this just a shift in spending methods and preferences, or a sign of economic slowing?

It’s both. We’ve all changed the way we buy, but we’ve also borrowed a lot of money to make those purchases.

Auto Loans:

After record auto sales in 2015 and 2016, auto loan delinquencies have reached their “Great Recession” peak, but we’re not in a recession. Auto sales are down in 2017 even though interest rates are low and manufacturers are offering huge discounts.

Loan delinquencies of poor credit borrowers have reached the same level they were in 2009. But again, we’re not in a recession. So why does this matter?

Well, Casey Research looked at the S&P 500’s performance in relationship to auto sales. The S&P 500 is a measure of how the stock marker is performing. Since 2010, these two measurements have moved almost in sync with one another. So if that relationship continues, you can expect a sharp decline in the stock market to follow.

Stock Market Valuations:

Speaking about stocks. They are (in general) greatly overvalued. The stock market is in a major bubble right now.

According to Marc Faber, valuations are super high and earnings are not real. He says they’re overstated.

Yahoo Finance reported in 2016 that 93% of the entire stock market move since 2008 was caused by Federal Reserve policy. In other words, they printed a ton of money.

Robert Shiller, a Nobel Prize winning economist created a CAPE ratio that measures stock values (a modified price/earnings ratio), and according to it, there’s only 2 times in history where the stock price to the company’s earnings has been higher, 1929 and 2000. Of course 1929 was the Great Depression and 2000 was the doc com blow up.

Other Voices:

Mike Maloney has an awesome video about the different bubbles that he says are flashing “big signs of the beginning of the next “Greater Recession”.

It’s even come to the point where the “financial elite” are coming out and publicly saying the stock market is skating on thin ice. You just have to know where to find their comments.

For example, Jim Rickards posted in the Daily Reckoning that Mohamed El-Erian (a former deputy director of the International Monetary Fund and president of the Harvard Management Co.) doubts the current bull market in stocks will survive if the Federal Reserve, the European Central Bank (ECB) and the Bank of England don’t print more money.

“He says stocks rose on a sea of liquidity and they may crash when that liquidity is removed.”

Rickards also wrote that the CEO of the Government of Singapore Investment Corp. (GIC)  said “valuations are stretched, and policy uncertainty is high”. He goes on to say investors are being too complacent.

Well, it’s taken 3 episodes to lay the groundwork. I hope this has helped open your eyes to the fact we’ve got a shaky economy right now, and it’s going to get a lot worse. So, it’s a good idea to prepare your company for the inevitable.

On episode 144 we’ll see what you can do to prepare from an HR standpoint.

I’ve got a lot of links to videos in the show notes, so if you’ve never looked at the show notes… make this the first time you do! I promise you, if you’re even the least bit interested in this subject, you’ll love these resources.

Today we’re going to focus on some changes that have recently been made to the Employment Eligibility Verification Form I-9 by the U.S Citizenship and Immigration Services.

Overview of Form I-9:

The Form I-9 has been in use since 1986 for the purpose of verifying the identity and work authorization of individuals hired for employment in the United States. This was all made possible by the passing of the Immigration Reform & Control Act. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and non-citizens.

Both employees and employers must complete the form. An employee must attest to his or her employment authorization. The employee must also present their employer with acceptable documentation confirming their identity and authorization to be employed in the United States.

The employer then must review the employment eligibility and identity documents presented to them by the employee to determine whether the documents appear to be authentic. The employer should then record the document information on the Form I-9.

The list of acceptable documents is located on the last page of the form. The employee can present a single item from List A, or present one item from each of List B and List C. Employers must retain Form I-9 and make it available for inspection or audit by authorized government officials.

Revisions to the Form I-9 is nothing new. The form has been modified numerous times over the years. These most recent revisions were just published this week so this information is hot off the press! Employers may continue to use the prior version of Form I-9 showing a version date of 11/14/16 N until September 17, 2017. After this date however, employers must start using the most recent version just released showing a date of 7/17/17 N.

There’s no need to wait until the last minute in September though. The new form is available now and you can get it by going to USCIS.gov and downloading the Form I-9.

Changes to Form I-9:

So what has changed?

First, off let me just mention that here at SmallBiz Brainiac, we just love the topic of employment eligibility and the I-9. We love it so much that we have recorded numerous episodes previously regarding the Form I-9 process. Please don’t hesitate to go back and listen to episodes 31, 76, 120, 129 for more information about the I-9 process.

Now, focusing on the newest revisions to the Form I-9, what has changed? The changes to this version of the I-9 for the most part are just minor changes:

• The new form will modify the forms instructions to remove the phrase “the end of” when describing the day on which Form I-9 completion is required. It now reads: “Employees must complete and sign Section 1 of Form I-9 no later than the first day of employment” instead of reading “no later than the end of the first day of employment.” So there you can see that “the end of” has been removed.
• A revision to the name of The Office of Special Counsel for Immigration-Related Unfair Employment Practices. That name has been changed in the I-9 instructions to reflect the new name, Immigrant and Employee Rights Section. This change is found only in the 15 page Form I-9...]]>Even though Form I-9 revisions seem insignificant, failure to comply can result in fines.

  Today we’re going to focus on some changes that have recently been made to the Employment Eligibility Verification Form I-9 by the U.S Citizenship and Immigration Services.

  Overview of Form I-9:

  The Form I-9 has been in use since 1986 for the purpose of verifying the identity and work authorization of individuals hired for employment in the United States. This was all made possible by the passing of the Immigration Reform & Control Act. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and non-citizens.

  Both employees and employers must complete the form. An employee must attest to his or her employment authorization. The employee must also present their employer with acceptable documentation confirming their identity and authorization to be employed in the United States.

  The employer then must review the employment eligibility and identity documents presented to them by the employee to determine whether the documents appear to be authentic. The employer should then record the document information on the Form I-9.

  The list of acceptable documents is located on the last page of the form. The employee can present a single item from List A, or present one item from each of List B and List C. Employers must retain Form I-9 and make it available for inspection or audit by authorized government officials.

  Revisions to the Form I-9 is nothing new. The form has been modified numerous times over the years. These most recent revisions were just published this week so this information is hot off the press! Employers may continue to use the prior version of Form I-9 showing a version date of 11/14/16 N until September 17, 2017. After this date however, employers must start using the most recent version just released showing a date of 7/17/17 N.

  There’s no need to wait until the last minute in September though. The new form is available now and you can get it by going to USCIS.gov and downloading the Form I-9.

  Changes to Form I-9:

  So what has changed?

  First, off let me just mention that here at SmallBiz Brainiac, we just love the topic of employment eligibility and the I-9. We love it so much that we have recorded numerous episodes previously regarding the Form I-9 process. Please don’t hesitate to go back and listen to episodes 31, 76, 120, 129 for more information about the I-9 process.

  Now, focusing on the newest revisions to the Form I-9, what has changed? The changes to this version of the I-9 for the most part are just minor changes:

  • The new form will modify the forms instructions to remove the phrase “the end of” when describing the day on which Form I-9 completion is required. It now reads: “Employees must complete and sign Section 1 of Form I-9 no later than the first day of employment” instead of reading “no later than the end of the first day of employment.” So there you can see that “the end of” has been removed.
  • A revision to the name of The Office of Special Counsel for Immigration-Related Unfair Employment Practices. That name has been changed in the I-9 instructions to reflect the new name, Immigrant and Employee Rights Section. This change is found only in the 15 page Form I-9 instructions booklet and is not referenced in the 5 page Form I-9 itself.
  • The List of Acceptable Documents for Form I-9 has been changed as well.
  • The Consular Report of Birth Abroad, Form FS-240 has been added as a valid document under list C and is acceptable to confirm employment authorization. Employers completing Form I-9 on electronically will be able to select Form FS-240 from the drop-down menus available in List C of Section 2 and Section 3. Also, if you happen to utilize E-Verify, you will now be able to select Form FS-240 when creating a case for an employee who has presented this document as identification Form I-9.
  • The newly revised Form I-9 combines all the certifications of report of birth issued by the Department of State, Form FS-545, Form DS-1350 and Form FS-240, into List C on Form I-9.
  • All List C documents have been renumbered except for the Social Security card which is listed as number 1 on List C in the newest version, as it was in the last version. All other items still on List C will have a different number on the new version when compared to the old version.
  
  

  There you have it, just a handful of minor changes. Nothing earth-shattering to this most recent revision of the I-9.

  Again, just to re-iterate, although you will be able to use the previous Form I-9 through September 17, 2017 it makes sense to make the change now. Get rid of all those pre-printed old version forms and begin using the updated version today.

  The form is free and can be printed from the U.S. Citizenship and Immigration Services website by going to www.uscis.gov and searching for the Form I-9 link. Instruct your hiring managers and human resources department to download the new version of the form and start using it for all new hires going forward.

  Even though the changes to the Form I-9 may seem insignificant, failure to comply by the deadline in September can result in significant fines.

  Immigration and Customs Enforcement announced increases in the fines for Form I-9 violations last year so try to avoid the fines at all costs.

  ]]>http://www.smallbizbrainiac.com/?p=3095Thu, 20 Jul 2017 10:10:00 -040007:20falsefullThomas Rock Lindsay : HR140: How HR Should Prepare For A Recession – Part 2http://www.smallbizbrainiac.com/?p=3089Tue, 18 Jul 2017 10:00:29 -040008:16falsefullThe Federal Reserve has injected over $4.5 trillion into the economy to speed up the recovery from the Great Recession of 2008. In Part 1 we learned a recession is a significant decline in economic activity spread across the economy, lasting more than a few months. We also learned there isn’t a standard formula you can apply…Thomas Rock Lindsay : HR139: Employee Name Changeshttp://www.smallbizbrainiac.com/?p=3085Thu, 13 Jul 2017 10:00:49 -040007:01falsefullUpdating employee name changes with the Social Security Administration is priority number one. Today we’re going to go over what is involved for your HR and payroll team when an employee decides to change their name. Why on earth would someone change their name? Well, there are a variety of reasons why a name change could occur.…Thomas Rock Lindsay : HR138: How HR Should Prepare For A Recession – Part 1http://www.smallbizbrainiac.com/?p=3081Tue, 11 Jul 2017 10:00:26 -040008:52falsefullA recession is defined as a significant decline in economic activity spread across the economy, lasting more than a few months. Were you in the workforce back in 2008? Chances are you were. Do you remember the impact the “Great Recession” had on your business? I sure do. We lost over 30% of our clients within a few…Thomas Rock Lindsay : HR137: Recreational Marijuana Legalizationhttp://www.smallbizbrainiac.com/?p=3074Thu, 06 Jul 2017 18:44:25 -040005:56falsefullHow do I maintain a safe work environment now that recreational marijuana is legal in my state? Legalization of marijuana for recreational purposes is trending upward with more and more states opting to legalize the drug even though marijuana is still considered illegal at the federal level. Regardless of how you view the use of…Thomas Rock Lindsay : HR136: Apprenticeship vs Internshiphttp://www.smallbizbrainiac.com/?p=3069Tue, 04 Jul 2017 19:26:10 -040009:12falsefull“Furthermore, many colleges and universities fail to help students graduate with the skills necessary to secure high paying jobs in today’s workforce.”  Are you confused about the differences between an apprenticeship and an internship? An apprenticeship is an on-the-job training program which includes job related instruction, typically provided in a classroom setting. Apprenticeships can last…Thomas Rock Lindsay : HR135: Social Media Screening for Employmenthttp://www.smallbizbrainiac.com/?p=3066Thu, 29 Jun 2017 15:37:09 -040007:59falsefullThe number of employers using social media to screen candidates is at an all-time high. Today I wanted to go over a type of pre-employment screening that is becoming increasingly more popular as time goes on. Pre-employment screenings, or background checks are nothing new. In fact, we have discussed background checks before on this show.…Thomas Rock Lindsay : HR134: OSHA Claim Reporting Retaliation & Post Accident Drug Testing Rules – Part 2http://www.smallbizbrainiac.com/?p=3061Tue, 27 Jun 2017 10:00:05 -040007:55falsefullOSHA says a post accident drug testing policy which deters and discourages employees from reporting a claim is illegal. In part 1, I introduced you to the 3 new provisions in OSHA’s recordkeeping rule that took effect on January 1, 2017. On this episode we’ll learn more details about the provision that prohibits you from retaliating against your employee for…Thomas Rock Lindsay : HR133: New York City’s Fair Work Weekhttp://www.smallbizbrainiac.com/?p=3055Thu, 22 Jun 2017 10:00:30 -040008:38falsefullPenalties for violating the Fair Work Week law range from $500 to $2,500 per occurrence depending on severity. Back in 2016, Seattle passed their Secure Scheduling Law. This law actually takes effect on July 1, 2017. You can hear more about the Seattle Secure Scheduling Law by going to our website, www.smallbizbrainiac.com and pulling up episode…Thomas Rock Lindsay : HR132: OSHA Claim Reporting Retaliation & Post Accident Drug Testing Rules – Part 1http://www.smallbizbrainiac.com/?p=3052Tue, 20 Jun 2017 10:00:09 -040007:27falsefullOSHA calls this new power an “important new tool” to ensure employers maintain accurate records. Effective January 1, 2017, OSHA’s new Recordkeeping rule took effect. There are two main parts to the new rule. I told you about the Recording and Reporting part in episode 89 on December 6, 2016, but I didn’t cover the…Thomas Rock Lindsay : HR131: Certified Payroll – The Davis Bacon Acthttp://www.smallbizbrainiac.com/?p=3048Thu, 15 Jun 2017 10:00:52 -040007:42falsefullDavis Bacon Act – Just another stupid federal law with major unintended consequences like pricing out smaller contractors and taxpayers overpaying for services.  Today I wanted to discuss certified payroll and how it differs from your normal everyday payroll practices. First of all, what is meant by certified payroll? Generally speaking, certified payroll occurs whenever…Thomas Rock Lindsay : HR130: Adios Obama Era Joint-Employer Definition!http://www.smallbizbrainiac.com/?p=3034Tue, 13 Jun 2017 10:00:23 -040008:31falsefullThere are over 10 million employees working in positions that involve two or more companies, so the re-defining the term joint-employer is a major deal. I’m super excited to bring you today’s episode because we had a win. How Laws Are Made Without Congress: But first, I want to ask and answer the question; How do…Thomas Rock Lindsay : HR129: ICE’s IMAGE Certification Programhttp://www.smallbizbrainiac.com/?p=3031Thu, 08 Jun 2017 10:00:52 -040008:45falsefullThe certification focuses on employers that have the ability to effect change in their industry or region. Undocumented Immigrants: Undocumented immigrants gaining employment in the United States has been a headache for the U.S. government for decades. In 1986 the Immigration Reform and Control Act led to the creation of the Form I-9 which required…Thomas Rock Lindsay : HR128: Puerto Rico Labor Laws – Part 3http://www.smallbizbrainiac.com/?p=3026Tue, 06 Jun 2017 10:00:19 -040008:53falsefullPuerto Rico’s year end “Christmas” bonus and paid breaks for nursing mothers. In episode 124 and 126 we we covered several of Puerto Rico’s labor laws including the employment contract, the probationary period, just cause terminations, mandatory severance pay, minimum wage, overtime, the statutory meal period and paid vacation and sick leave. On today’s episode we’ll…Thomas Rock Lindsay : HR127: More Paid Sick Leave Lawshttp://www.smallbizbrainiac.com/?p=3021Thu, 01 Jun 2017 10:00:06 -040006:55falsefullMandatory paid sick leave comes at the expense of paid vacation time or other wages. Last week I discussed the Washington D.C. Paid Leave Law with you. Today I wanted to continue on with the mandatory paid leave topic as it continues to be a hot item across the United States. Again, we have covered…Thomas Rock Lindsay : HR126: Puerto Rico Labor Laws – Part 2http://www.smallbizbrainiac.com/?p=3015Tue, 30 May 2017 10:00:58 -040011:24falsefullUnder Puerto Rico labor laws it’s illegal for you to terminate a grandfathered employee so you can benefit from the lower vacation accrual rates and higher qualification standards. In episode 124, part 1, we learned about the employment contract, the probationary period, just cause terminations, mandatory severance pay, and the minimum wage. On today’s episode we’ll continue…Thomas Rock Lindsay : HR125: DC Paid Leave Lawhttp://www.smallbizbrainiac.com/?p=3006Thu, 25 May 2017 10:00:33 -040007:31falsefullEmployers will fund the paid leave program through a payroll tax on all Washington D.C. wages. We’ve talked about mandatory paid leave laws in a couple of past episodes as this seems to be a hot issue around the country over the last couple of years. Laws are starting to take effect in many states…Thomas Rock Lindsay : HR124: Puerto Rico Labor Laws – Part 1http://www.smallbizbrainiac.com/?p=3001Tue, 23 May 2017 10:00:34 -040012:57falsefullUnder Puerto Rico’s labor laws you may only terminate an employee for just cause, unless you terminate them during the statutory probation period. Although Puerto Rico is a U.S. Territory, and travel to and from the island does not require a passport, it’s a very unique place… very different from the rest of the United…Thomas Rock Lindsay : HR123: Three Personality Types Every Business Needs to Succeedhttp://www.smallbizbrainiac.com/?p=2995Thu, 18 May 2017 15:46:40 -040007:14falsefullPossessing only one or two of these personality types will leave you with an incomplete business. Today’s episode is inspired by the book The E-Myth Revisited by Michael Gerber. If you have not read this book yet I highly recommend it. Regardless of where you are at in your career, whether you are a budding entrepreneur or…Thomas Rock Lindsay : HR122: Employee Severance Agreementshttp://www.smallbizbrainiac.com/?p=2987Tue, 16 May 2017 10:00:36 -040010:39falsefullYou have to provide “consideration” in exchange for your employee’s waiver of their rights to sue. I was talking to a friend this weekend and she told me about a recent employee termination experience. Her employee didn’t show up for work one day so so she called her. The employee said she didn’t want to work…Thomas Rock Lindsay : HR121: Five Steps To Be A Better Leaderhttp://www.smallbizbrainiac.com/?p=2980Thu, 11 May 2017 10:00:44 -040007:57falsefullIn order to be a great leader you have to make some tough decisions. Hey everyone, welcome to episode 121, 5 Steps To Becoming a Better Leader. I’m your host, Robert Attridge and this is the podcast that delivers employer intelligence two days each week in a short 7 to 10 minute episode. My co-host, Thomas…Thomas Rock Lindsay : HR120: Common W-4 and I-9 Mistakes Employers Makehttp://www.smallbizbrainiac.com/?p=2975Tue, 09 May 2017 10:00:37 -040007:43falsefullAvoid these costly mistakes when completing forms W-4 and I-9. After you hire a new employee you have to get them setup in you HR and payroll system (or systems), before their first paycheck. This onboarding process requires the collection of information and the completion of certain government forms. Automated onboarding systems make this process much…Thomas Rock Lindsay : HR119: Who Handles Your Payroll?http://www.smallbizbrainiac.com/?p=2968Thu, 04 May 2017 10:00:33 -040008:55falsefullWhen hire your first employee you officially become a tax collector. Do you know who handles your payroll? Of course you know the name of the person or company that handles it, but how well do you really know them? I bring this up because far too often I see stories like this one that…Thomas Rock Lindsay : HR118: Get Ready For Mandatory E-Verifyhttp://www.smallbizbrainiac.com/?p=2965Tue, 02 May 2017 10:00:41 -040008:33falsefullIf enacted, the bill would require all U.S. employers to participate in E-Verify within one year of enactment of this Act. Did you know that prior to 1986, employers were not required to verify an individuals employment eligibility status? The Immigration Reform and Control Act (IRCA) of 1986 required employers to examine documentation from each newly hired…Thomas Rock Lindsay : HR117: Employer Wage Thefthttp://www.smallbizbrainiac.com/?p=2957Thu, 27 Apr 2017 10:00:25 -040009:06falsefullSeveral states have enacted wage theft prevention laws over the past few years. Wage theft can occur when employees are not paid according to existing wage and hour laws. There are many examples out there of wage theft by employers who may fail to pay at least the minimum wage, or fail to pay overtime…Thomas Rock Lindsay : HR116: NY OT Exemption Rule Change and Other Updateshttp://www.smallbizbrainiac.com/?p=2946Tue, 25 Apr 2017 10:00:09 -040008:32falsefullNew York increased their minimum salary requirement for the administrative employee overtime exemption, effective December 31, 2016. In this episode we’ll learn about a New York State Department of Labor rule change effecting all employers in the Empire state. I also want to let you know about a challenge to the City of Philadelphia’s Wage…Thomas Rock Lindsay : HR115: Are you a Talent Hoarder?http://www.smallbizbrainiac.com/?p=2941Thu, 20 Apr 2017 10:00:03 -040007:38falsefullAs a talent hoarder, not only are you hurting your employee’s opportunity for growth, you may be harming the businesses’ future potential. Are you a hoarder? I’m not talking about one of those people who collects so much “stuff” that you can barely get in the front door.  I’m talking about hoarding people? If so,…Thomas Rock Lindsay : HR114: Occupational Heat Exposurehttp://www.smallbizbrainiac.com/?p=2932Tue, 18 Apr 2017 10:00:37 -040008:59falsefullIn 2014 alone, 2,630 workers suffered from heat illness and 18 died. It’s almost summer and temperatures are on the rise. So, this is the perfect time to start planning to protect your employees from heat related illness and injury. This subject that is often overlooked, and it’s not just a summertime issue. Employees are…Thomas Rock Lindsay : HR113: Employee Thefthttp://www.smallbizbrainiac.com/?p=2927Thu, 13 Apr 2017 10:00:06 -040007:48falsefullReduce the likelihood of employee theft with improved hiring practices. While driving back from Vegas I was thinking about some possible topics for the show and I recalled a news article that I had tweeted out a week or so ago.  I’m always looking for new news that relates to business, HR and payroll issues…Thomas Rock Lindsay : HR112: Unemployment Insurance Benefit Qualification Rule Changehttp://www.smallbizbrainiac.com/?p=2918Tue, 11 Apr 2017 10:00:05 -040008:54falsefullAn important unemployment insurance rule change on March 31, 2017. On episode 109, Robert Attridge taught us some basic aspects of the state unemployment insurance system and how you can manage your cost. I’m going to say UI for unemployment insurance, going forward. The UI system is a mandatory federal and state run system for paying income replacement…Thomas Rock Lindsay : HR111: Reciprocity and Multi-State Taxationhttp://www.smallbizbrainiac.com/?p=2912Thu, 06 Apr 2017 10:00:56 -040007:36falsefullStates generally have reciprocity agreements with neighboring states…but not New York. Many businesses have, or will have at some point in their existence, a situation where one or more of their employees live in one state, but work in another state.  When it comes time to pay these employees, things can get a little confusing…Thomas Rock Lindsay : HR110: How To Interview Like A Pro – Part 3http://www.smallbizbrainiac.com/?p=2900Tue, 04 Apr 2017 10:00:08 -040009:10falsefullIf I was the candidate and had a few interviews lined up, and one of them sent me a pre interview guide, I would look at that employer a lot more favorably. In part 1, on episode 107, we learned how to prepare for the interview and in part 2 on episode 108 we learned how…Thomas Rock Lindsay : HR109: Unemployment Insurancehttp://www.smallbizbrainiac.com/?p=2890Thu, 30 Mar 2017 10:00:18 -040013:08falsefullFar too often employers just ignore unemployment insurance claims and don’t provide a response to the agent handling the case. Today I wanted to talk about managing unemployment insurance claims and how this often overlooked aspect of your business can cost you big time down the road if it is ignored. Keeping control of your labor…Thomas Rock Lindsay : HR108: How To Interview Like A Pro – Part 2http://www.smallbizbrainiac.com/?p=2883Tue, 28 Mar 2017 10:00:57 -040008:57falsefullAsking the right interview questions will dramatically improve the effectiveness and you’ll look like a pro! In the last episode we learned about the preparation phase of the interview and on this episode we’ll learn about coming up with the interview questions. One thing I forgot to mention on the last episode is you should call…Thomas Rock Lindsay : HR107: How To Interview Like A Pro – Part 1http://www.smallbizbrainiac.com/?p=2875Thu, 23 Mar 2017 10:00:23 -040009:31falsefullPrepare so you don’t screw up the interview and scare away a great employee. Practice makes perfect, right? So how are you supposed to become an expert interviewer? It’s not like you’re hiring someone every day, or week, or even month for that matter. It’s hard to become a professional interviewer when you don’t have the opportunity…Thomas Rock Lindsay : HR106: The Equal Pay Train Arrives In Puerto Rico After Brief Stop In Philadelphiahttp://www.smallbizbrainiac.com/?p=2870Tue, 21 Mar 2017 10:00:26 -040011:29falsefullA new breed of state equal pay laws have been passed, and now Puerto Rico has joined the likes of California, New York, Maryland, and Massachusetts. Labor Transformation & Flexibility Act: The Commonwealth of Puerto Rico passed a major labor law reform bill earlier this year called the Labor Transformation & Flexibility Act. There were…Thomas Rock Lindsay : HR105: Tip Credit & FICA Tip Credithttp://www.smallbizbrainiac.com/?p=2865Thu, 16 Mar 2017 10:00:09 -040009:19falsefullSeven states do not allow for a tip credit. If you are in the restaurant or hospitality industries, or one of the many other service industries out there then you are well aware that a portion of your employees pay comes from tips, a.k.a., gratuities. Hopefully you are also aware that there is a provision…Thomas Rock Lindsay : HR104: Telemedicinehttp://www.smallbizbrainiac.com/?p=2856Tue, 14 Mar 2017 10:00:07 -040011:48falsefullTelemedicine services are changing the way healthcare is delivered…. and that’s a good thing! In episode 97, Kris Hansberger mentioned telemedicine as a way to improve your group health plan. She also shared a valuable tip on how to use telemedicine in concert with your supplemental accident policy to maximize your benefits. Let’s say you have…Thomas Rock Lindsay : HR103: Out With The New In With The Oldhttp://www.smallbizbrainiac.com/?p=2852Mon, 13 Mar 2017 10:00:30 -040005:09falsefullBack to two shows a week every Tuesday and Thursday – by popular demand! I want to thank everyone who participated in the survey and provided their valuable opinion on the show. We had surprising results. The response was amazing! And the overwhelming majority of respondents prefer the old 7 to 10 minute format. So….. we’re going…Thomas Rock Lindsay : HR102: Mandatory Paid Sick Leavehttp://www.smallbizbrainiac.com/?p=2847Mon, 06 Mar 2017 21:03:45 -040023:38falsefullPoliticians can’t simply pass new laws and create prosperity, higher wages or better benefits. Mandatory sick leave is sweeping the nation. Currently there is no federal law requiring private employers to provide paid sick leave for their employees….unless you work on government contracts. However, many States and Cities have passed laws requiring employers to provide…Thomas Rock Lindsay : HR101: Win $100 Amazon Gift Card and Dotcom Secretshttp://www.smallbizbrainiac.com/?p=2839Mon, 27 Feb 2017 10:00:12 -040008:27falsefullWe need your feedback!  We’d like you to take a quick survey. It will only take you a few minutes. Today’s episode is special. It’s just me today. There’s no Robert, and no panel expert. Instead, we want to tell you how you can win a $100 Amazon gift card and a copy of the amazing book Dotcom…Thomas Rock Lindsay : HR100: Fall Protection Standards For General Industryhttp://www.smallbizbrainiac.com/?p=2826Mon, 20 Feb 2017 10:00:55 -040038:11falsefullFalls from ladders make up 20% of loss-workday and fatal injuries. Falls from heights and on the same level the work is being performed on, are very common and one of the leading causes of serious work-related injuries and deaths. How familiar are you with fall protection standards? OSHA estimates that, on average, approximately 202,066 serious…Thomas Rock Lindsay : HR99: ID Theft For Employmenthttp://www.smallbizbrainiac.com/?p=2804Mon, 13 Feb 2017 10:00:37 -040035:27falsefullWhat happens if one of your employees is using someone else’s SSN to work for you? Attorney Ben Mason of the law firm Morley Mason is here to help us sort through this issue. Ben obtained his law degree from the University of Idaho. According to his wife, he became a lawyer because he likes arguing with…Thomas Rock Lindsay : HR98: Helping Your Employees Perform at Their Personal Besthttp://www.smallbizbrainiac.com/?p=2791Mon, 06 Feb 2017 10:00:57 -040024:19falsefullThe problem is time management. The Solution is brining higher energy to the time we have at work. Will your company achieve better results if you push your employees to work long hours? Or, could you outperform those results if they actually worked fewer hours? What message are you communicating to your employees through your own actions? Are you…Thomas Rock Lindsay : HR97: Small Employer Benefits – What’s Right For Your Employeeshttp://www.smallbizbrainiac.com/?p=2785Mon, 30 Jan 2017 10:00:48 -040044:42falsefullBenefits for small employers, what’s the right offering for your employees? Today’s expert panel member is Kris Hansberger, the Director of HR and Employee Benefits for Vensure Employer Services, Inc., a Chandler, AZ based Professional Employer Organization. Under her direction Vensure provides benefits administration and HR services to hundreds of clients and over 40,000 co-employees. She’s also responsible…Thomas Rock Lindsay : HR96: Lessons From The Trenches – Employee Terminationshttp://www.smallbizbrainiac.com/?p=2779Mon, 23 Jan 2017 10:00:23 -040033:38falsefullOne of these terminations involved sex, drugs and rock & roll. In this episode we share examples of terminations we’ve conducted and the lessons we learned from them. For an unknown reason my audio goes alien on me at about 8 minutes into the show. I didn’t realize it until the editing process, and I…Thomas Rock Lindsay : HR95: Employee Terminations In 4 Stepshttp://www.smallbizbrainiac.com/?p=2764Mon, 16 Jan 2017 10:00:40 -040035:57falsefullBecause terminations are hard, we often wait too long to let people go. The new year is a good time to consider what terminations may be necessary due to: Employee performance Expense reductions Streamline or consolidate responsibilities and duties. Budget constraints requiring you to reluctantly let good people go Holiday hangover – maybe you’ve been hanging on to someone…Thomas Rock Lindsay : HR94: Introducing Your New Co-Hosthttp://www.smallbizbrainiac.com/?p=2759Mon, 09 Jan 2017 10:00:16 -040020:55falsefullThis show is designed around the small business owner. It’s my goal to educate you about the many duties, responsibilities and obligations you have as an employer. I also want to provide you with answers to your questions, and solutions to your problems. So, if you have any employer related questions, all you have to do is…Thomas Rock Lindsay : HR93: Out With The Old In With The Newhttp://www.smallbizbrainiac.com/?p=2756Tue, 03 Jan 2017 16:02:04 -040003:07falsefullI’ve decided to make some changes to the SmallBiz Brainiac show.  My last episode was on December 15th and I told you that I was going to take the next two weeks off to plan for 2017.   And that’s what I did. I also took my daughter and nieces to see the movie Sing.…Thomas Rock Lindsay : HR92: Year End Wrap Up 2016http://www.smallbizbrainiac.com/?p=2752Fri, 16 Dec 2016 00:43:51 -040010:08falsefullThe Heritage Foundation’s 2016 Index of Economic Freedom has the U.S. at number #11 this year. We were #8 in 2010 and #5 in 2008 This will be the last episode of 2016. I’m going to take the next two weeks off to focus on preparing the show and my business for 2017. It’s been…Thomas Rock Lindsay : HR91: A New Direction For The DOLhttp://www.smallbizbrainiac.com/?p=2738Tue, 13 Dec 2016 10:00:36 -040008:56falsefullThe new direction of the DOL is the opposite of where they’re headed today. Andrew Puzder has been nominated by Trump to be the new Secretary of Labor. This is a huge departure from the traditional bureaucrat who lacks private sector experience. Certainly he is a stark contrast to the current Secretary, Thomas Perez, a lawyer,…Thomas Rock Lindsay : HR90: Employee Performance Reviewshttp://www.smallbizbrainiac.com/?p=2733Thu, 08 Dec 2016 10:00:19 -040009:40falsefullEmployee performance reviews are an important engagement tool. Employee performance reviews are super important to the success of your company because the success of your company, depends on the success of your employees. Employee physiological well-being, productivity, and job satisfaction, depends in part on knowing where they stand with you, with their employment, and what opportunities they have ahead…Thomas Rock Lindsay : HR89: New OSHA Recording And Reporting Rulehttp://www.smallbizbrainiac.com/?p=2725Tue, 06 Dec 2016 10:00:37 -040007:38falsefullOSHA thinks by forcing you to make your claims information public you’ll naturally want to focus more on safety to try and avoid being embarrassed. Behavioral economics: OSHA’s new final rule revising their Recording and Reporting Occupational Injuries and Illnesses regulation, takes effect January 1, 2017. The revised rule was designed to “nudge” you into making your workplace safer for your employees by making your workers’ compensation…Thomas Rock Lindsay : HR88: Year End Reporting of Fringe Benefits and Other Earningshttp://www.smallbizbrainiac.com/?p=2679Fri, 02 Dec 2016 02:37:18 -040010:29falsefullJust when I think government laws, regulations and rules can get any dumber, I come across yet another ridiculous one. The year isn’t over yet, but it will be before you know it. So on this episode I want to help you prepare for year end from the standpoint of reporting and paying payroll taxes…Thomas Rock Lindsay : HR87: National Labor Relations Act & Your Employee Handbookhttp://www.smallbizbrainiac.com/?p=2671Wed, 30 Nov 2016 06:58:15 -040010:26falsefullThe National Labor Relations Board is taking issue with handbook policies that get in the way of employee rights.   In episode 85 on employee handbooks I told you that your policies need to take NLRB regulations into consideration even if you don’t have union employees. It doesn’t matter that you don’t have union employees. The law…Thomas Rock Lindsay : HR86: Thanksgiving Gift, DOL Salary Level Increase Blockedhttp://www.smallbizbrainiac.com/?p=2662Thu, 24 Nov 2016 10:00:34 -040004:22falsefullJudge Mazzant stops DOL action by granting temporary injunction! Happy Thanksgiving everyone! I’m in Franklin, Tennessee visiting family. My wife and I, along with our two kids, drove 1,600 miles from our home in Gilbert, Arizona last week, to be here. Yes, that’s a lot of miles, but we split it up into three days. It was a long trip but we…Thomas Rock Lindsay : HR85: Your Employee Handbookhttp://www.smallbizbrainiac.com/?p=2656Tue, 22 Nov 2016 10:00:32 -040010:17falsefullCreating and maintaining an employee handbook is a hassle, but well worth it. Should you have an employee handbook (“EH”)? Maybe, maybe not. It depends on your organization. They are a good idea and serve two valuable purposes, clarity and litigation defense. Not every business owner wants one, but you have policies regardless of weather or…Thomas Rock Lindsay : HR84: Federal Child Labor Lawshttp://www.smallbizbrainiac.com/?p=2652Fri, 18 Nov 2016 03:12:21 -040007:01falsefull“Never let school get in the way of your education.” The child labor laws are made possible by the Fair Labor Standards Act. The purpose of the child labor laws are to keep children safe and prevent work from jeopardizing their education. I think that’s ironic because for many, myself included, work is a better educator than school.…Thomas Rock Lindsay : HR83: The Paycard Picklehttp://www.smallbizbrainiac.com/?p=2645Tue, 15 Nov 2016 10:00:25 -040008:01falsefullI don’t like getting involved with employees’ financial affairs A paycard is like a pre-paid credit card or a debit card. They’re funded the same way you make a direct deposit into your employee’s bank account. The paycard provider issues the card to your employees and you send an ACH transaction to your bank. The cards are funded…Thomas Rock Lindsay : HR82: Political Revolution Or Train Wreck?http://www.smallbizbrainiac.com/?p=2597Thu, 10 Nov 2016 10:00:57 -040007:58falsefull“You can measure opportunity with the same yardstick that measures the risk involved. They go together.” Earl Nightingale In the aftermath of the earth shattering presidential election on Tuesday where the business-as-usual politics was clubbed over the head. There’s no shortage of opinions. You already know that I hate big government. I’m disgusted by the mount…Thomas Rock Lindsay : HR81: Is you Wellness Plan Sick?http://www.smallbizbrainiac.com/?p=2591Tue, 08 Nov 2016 10:00:43 -040010:11falsefullIf you have a wellness plan or you’re thinking about implementing one, you want to make sure it focuses on disease management. In May 2016 the IRS issued a memorandum about the tax treatment of wellness plan benefits and premium reimbursements. And there are new EEOC compliance rules taking effect on January 1, 2017. What is a wellness plan?…Thomas Rock Lindsay : HR80: The EEOC 5 Year Strategic Enforcement Planhttp://www.smallbizbrainiac.com/?p=2585Thu, 03 Nov 2016 10:00:48 -040010:31falsefullThis is important information for you. It’s like checking the weather report before you head out on vacation.  The EEOC released their Strategic Enforcement Plan, or SEP, on October 17, 2016. This SEP declares what areas of compliance they’re going to focus on for the next 5 years. They call these “substantive area priorities” and it’s…Thomas Rock Lindsay : HR79: States Sue DOL Over Salary Level Testhttp://www.smallbizbrainiac.com/?p=2573Tue, 01 Nov 2016 10:00:17 -040008:46falsefullThis rule change is bad for you and it’s bad for your employees.  On episode 33 published on May 23rd 2016, I introduced you to the change being made by the Department of Labor (DOL) to the minimum salary requirement for the overtime exemption under the executive, administrative and professional employee rule, and we are just…Thomas Rock Lindsay : HR78: Health Reimbursement Arrangementshttp://www.smallbizbrainiac.com/?p=2568Thu, 27 Oct 2016 10:00:55 -040007:40falsefullHRAs are funded exclusively by employers. In the last episode I taught you a little bit about Health Savings Accounts. I said they’re a great tool for lowering your group health insurance costs and I explained how they work… but, I didn’t explain how they actually lower your costs A Health Reimbursement Arrangement (HRA) is…Thomas Rock Lindsay : HR77: Health Savings Accounts (HRA)http://www.smallbizbrainiac.com/?p=2562Tue, 25 Oct 2016 10:00:42 -040007:33falsefullOne of the best ways to lower your group health insurance costs is to incentivize your employees to change their behavior. On the next two episodes I’m going to teach you about Health Savings Accounts and Health Reimbursement Arrangements….two great tools for controlling group health costs. They are a little bit different from each each…Thomas Rock Lindsay : HR76: New I-9 and Paid Sick Leave Lawhttp://www.smallbizbrainiac.com/?p=2543Thu, 20 Oct 2016 10:00:55 -040007:39falsefullOn October 5, 2016, Cook County, Illinois passed an “earned sick leave” ordinance that takes effect on July 1, 2017 Hey everyone welcome to episode 76. I want to update you on the recent changes to Form I-9 which take effect on January 21, 2017. I also want to update you on the latest paid sick…Thomas Rock Lindsay : HR75: Workplace Harassmenthttp://www.smallbizbrainiac.com/?p=2538Tue, 18 Oct 2016 10:00:21 -040007:34falsefullYou are automatically liable for your Supervisors harassment. In simple terms, the difference between discrimination and harassment is discrimination is a form of bias committed by the company. For example, you didn’t hire someone because of their race. Whereas harassment is bias committed by an individual within or an employee of the company. What is…Thomas Rock Lindsay : HR74: Travel Expense Reimbursementshttp://www.smallbizbrainiac.com/?p=2534Thu, 13 Oct 2016 10:00:13 -040007:11falsefullDo you have an accountable reimbursement plan that complies with IRS rules? Do you have employees that travel? Do you reimburse their expenses or pay them an allowance? Only qualified travel expenses can be reimbursed without being included as taxable wages. You might be reimbursing unqualified expenses because: The travel doesn’t qualify as a business…Thomas Rock Lindsay : HR73: Seattle’s Secure Scheduling Lawhttp://www.smallbizbrainiac.com/?p=2517Tue, 11 Oct 2016 10:00:16 -040008:33falsefullUnintended consequences will soon follow implementation of this job killing law.     The incredibly astute and highly skilled business savvy City Council members of Seattle continue to outdo themselves with their utopia building. These geniuses have produced yet another set of handcuffs to shackle the greedy business owners and keep them from taking advantage…Thomas Rock Lindsay : HR72: Bonus Compensation Tax and Overtime Compliancehttp://www.smallbizbrainiac.com/?p=2511Thu, 06 Oct 2016 10:00:16 -040008:30falsefullThe people who write tax code are masters of confusion. I often wonder if they do it on purpose or if they really are idiots.  Once you’ve decide the why, who, what, when, and how to bonus your employees you’ll need to look at the compliance aspects of your plan. What’s the right way to withhold federal income…Thomas Rock Lindsay : HR71: Bonus and Incentive Compensation Plan Anatomyhttp://www.smallbizbrainiac.com/?p=2501Tue, 04 Oct 2016 10:00:41 -040007:37falsefullMake sure the Plan is measurable and not left to arbitrary interpretation or shady math. I recently had a listener write in asking how to bonus their employees without discriminating and I thought this would be a good topic for an episode (or two), especially with the holidays coming around. The right bonus plan will…Thomas Rock Lindsay : HR70: Background Checks – Part 3http://www.smallbizbrainiac.com/?p=2494Thu, 29 Sep 2016 10:00:56 -040008:06falsefullBan the box laws and fair chance hiring legislation is sweeping the nation and pretty soon, you’ll be told who you’ll hire. Think I’m crazy? I am….but I’m not wrong. If you are going to do background checks despite the risks, you’d better know the best practices so you don’t get sued! What is “Ban the…Thomas Rock Lindsay : HR69: Background Checks – Part 2http://www.smallbizbrainiac.com/?p=2491Tue, 27 Sep 2016 10:00:02 -040009:16falsefullUse of a criminal history in making employment decisions, might violate the prohibition against employment discrimination under Title VII of the Civil Rights Act of 1964 In the last episode we talked about reasons why you should, and some reasons why you shouldn’t, conduct background checks. On this episode we look at the different types and what the government…Thomas Rock Lindsay : HR68: Background Checks – Part 1http://www.smallbizbrainiac.com/?p=2483Thu, 22 Sep 2016 10:00:36 -040008:56falsefullOnce you decide to go into business, your rights are restricted and your responsibilities are rife. Background checks can be a valuable tool in the hiring process. Unfortunately, they can also lead to you unwittingly discriminating and thereby violating any one of the many, many federal laws designed to protect individuals who’ve had some type…Thomas Rock Lindsay : HR67: Interview with Scott Genta, Chemical Engineer and Safety Consultant – Part 2http://www.smallbizbrainiac.com/?p=2475Tue, 20 Sep 2016 10:00:30 -040007:47falsefull“How do you know your employees even understood that training?” Scott is co-founder of Safety Management Services, Inc., or SMS, an international provider of risk management services to a wide range of commercial clients and government agencies. This episode is part 2 (the final part) of my interview with Scott Genta. SMS Highlights: Recap from part…Thomas Rock Lindsay : HR66: Interview with Scott Genta, Chemical Engineer and Safety Consultant – Part 1http://www.smallbizbrainiac.com/?p=2466Thu, 15 Sep 2016 10:00:02 -040013:45falsefullScott goes beyond the low hanging auditor fruit when he conducts a site audit. Scott is co-founder of Safety Management Services, Inc., or SMS, an international provider of risk management services to a wide range of commercial clients and government agencies. Scott recently spent over 2 years in Australia on a special project related to the…Thomas Rock Lindsay : HR65: Living Paycheck to Paycheckhttp://www.smallbizbrainiac.com/?p=2459Tue, 13 Sep 2016 10:00:56 -040007:59falsefullHousehold debt is a major reason why so many Americans are in the financial ditch. It’s no secret that the majority of your employees live paycheck to paycheck, and not surprising that they’d suffer a significant financial setback if they missed just one payday. MarketWatch says most Americans have less than $1,000 in savings and…Thomas Rock Lindsay : HR64: Time and Attendance Systemshttp://www.smallbizbrainiac.com/?p=2449Thu, 08 Sep 2016 10:00:45 -040007:12falsefullKeeping track of actual time worked is crucial to compliance One of the hidden costs of employment is keeping track of who showed up, where they are, when they arrived, and how much time they spent working. Aside from the administrative expense of it, you’re also faced with costly unintentional errors and employee fraud, like…Thomas Rock Lindsay : HR63: Hidden Employer Costshttp://www.smallbizbrainiac.com/?p=2444Tue, 06 Sep 2016 13:35:30 -040006:58falsefullYour best option, as a small employer, is to join a Professional Employer Organization. Do you know how much your “all-in” cost is to employ someone? It’s much more than you think. The obvious costs are wages, payroll taxes and insurance premiums. What’s not so obvious are your administrative expenses. Even before you hire someone…Thomas Rock Lindsay : HR62: Is McDonalds a Joint Employer of its Franchisee’s Employees?http://www.smallbizbrainiac.com/?p=2420Thu, 01 Sep 2016 10:00:56 -040006:57falsefullThe NLRB and DOL are battling franchisors over joint-employer status. I’ve been on this subject now for the past two episodes and I’m not ready to move on yet. The more I dig, the more I find. And what I’ve found is the National Labor Relations Board, or NLRB, is on a witch hunt to…Thomas Rock Lindsay : HR61: Joint Employer Definition Expandedhttp://www.smallbizbrainiac.com/?p=2409Tue, 30 Aug 2016 10:00:46 -040009:41falsefullThe NLRB has paved the way for other federal agencies to apply this joint-employer standard to the laws they regulate and enforce. Welcome to episode 61. Today, you’ll learn how the National Labor Relations Board (the “NLRB”) has expanded their interpretation of the pre-existing joint-employer definition to hold both temporary staffing firms and their clients, responsible for…Thomas Rock Lindsay : HR60: The Fissured Workplace – a DOL Blog Posthttp://www.smallbizbrainiac.com/?p=2402Thu, 25 Aug 2016 10:00:33 -040009:47falsefull“Our basic mission at Wage and Hour is pretty simple: making sure people get a fair day’s wage for a hard day’s work.” The U.S. Department of Labor, or DOL, is responsible for administering the U.S. labor laws. This includes creating rules and regulations and enforcing them. The DOL states their mission as follows: “The Department…Thomas Rock Lindsay : HR59: Employers’ Liability Insurancehttp://www.smallbizbrainiac.com/?p=2390Tue, 23 Aug 2016 10:00:08 -040008:19falsefullYou can be held liable to others when your employee is injured on the job. On the last episode we learned about the elements of your workers’ compensation and employers’ liability insurance policy, and in episode 11 we took a high level look at the benefits paid by the workers’ compensation coverage. Today we’ll learn what the…Thomas Rock Lindsay : HR58: Your Workers’ Compensation Insurance Policyhttp://www.smallbizbrainiac.com/?p=2384Thu, 18 Aug 2016 10:00:26 -040010:21falsefullAre you familiar with the elements of your workers’ compensation insurance policy? The first show I did on work comp insurance was episode 11, which was a 100,000 foot overview. I covered what it pays for, talked about how benefits vary by state, and explained that it’s compulsory insurance. In other words, you’re required to have it…Thomas Rock Lindsay : HR57: Workplace Anti-Violence and Firearms Policieshttp://www.smallbizbrainiac.com/?p=2381Tue, 16 Aug 2016 10:00:26 -040008:49falsefullA safe workplace is critical to employee job satisfaction and productivity.  In the last episode we learned about guns in the workplace and I reminded you about your duty to maintain a safe workplace, one that’s free from serious recognized hazards. As part of fulfilling your duties you’ll need a Workplace Anti-Violence policy and many of…Thomas Rock Lindsay : HR56: Guns In The Workplacehttp://www.smallbizbrainiac.com/?p=2376Thu, 11 Aug 2016 10:00:19 -040009:39falsefullYou have the right to deny all weapons on your company property, except where a parking lot storage law applies. In episodes 42, 43 and 44 we learned about workplace safety, why it’s important, and how to create a safety program. And even though there’s no federal law requiring you as an employer to PREVENT…Thomas Rock Lindsay : HR55: Massachusetts Act to Establish Pay Equity – Continuedhttp://www.smallbizbrainiac.com/?p=2369Tue, 09 Aug 2016 10:00:43 -040009:12falsefullYou may be sued within 3 years of the last payment of wages which were in violation of the law. In the last episode we learned about Massachusetts Act to Establish Pay Equity.  We compared it to the long standing federal Equal Pay Act and saw how it broadens the scope thereby qualifying more situations…Thomas Rock Lindsay : HR54: Massachusetts Act to Establish Pay Equityhttp://www.smallbizbrainiac.com/?p=2338Thu, 04 Aug 2016 10:00:08 -040009:33falsefullWe simply can’t have free people negotiating their own voluntary relationships. Just when I think it’s time to move off this subject and on to the next, Massachusetts Governor signed a newly passed pay equality law this past Monday, August 1, 2016. Even if you don’t have employees in Massachusetts you need to understand their law because it’s a sign of…Thomas Rock Lindsay : HR53: EEOC Sex-Based Pay Discrimination Caseshttp://www.smallbizbrainiac.com/?p=2333Tue, 02 Aug 2016 10:00:35 -040009:16falsefullIts been illegal to pay women less than men for substantially equal work under similar working conditions since 1963.  In the last episode we learned a wee bit about equal pay for women. I briefly presented the case that we don’t have an epidemic that needs fixing with more laws, as the politicians and the…Thomas Rock Lindsay : HR52: Equal Pay For Womenhttp://www.smallbizbrainiac.com/?p=2322Thu, 28 Jul 2016 10:00:51 -040011:22falsefullDo we really have an equal pay for women issue in the U.S. that requires fixing with more laws or is this just another political sacred cow? The Republican National Committee conference speech by Ivanka Trump surprised a lot of people. The idea of equal pay for women and mothers and affordable child care isn’t something I remember…Thomas Rock Lindsay : HR51: Employment Records Retentionhttp://www.smallbizbrainiac.com/?p=2317Tue, 26 Jul 2016 10:00:56 -040010:17falsefull“Government Is Not Reason, It Is Not Eloquence — It Is Force” Employers often overlook the area of records retention compliance, which can result in civil penalties. But what’s more impactful is that you won’t be able to defend yourself against certain employee accusations or government action if you discard these records too early. How hard could it…Thomas Rock Lindsay : HR50: Creating a Paid Time Off Policy – Part 2http://www.smallbizbrainiac.com/?p=2312Thu, 21 Jul 2016 10:00:31 -040010:03falsefullUnlimited PTO polices are like giant squid. You know they exists, but you’ve never actually seen one. In the last episode we covered several types of both paid and unpaid leave: sick, personal, maternity, holiday, vacation, and bereavement. Today, we’ll learn about jury duty, military, and family medical leave. These are typically unpaid and all three are…Thomas Rock Lindsay : HR49: Creating a Paid Time Off Policy – Part 1http://www.smallbizbrainiac.com/?p=2309Tue, 19 Jul 2016 14:24:22 -040008:55falsefullWhat is your philosophy about time off? You might already have a paid time off policy. Maybe it’s been in place for a long time now and needs updating. Maybe it isn’t documented or even clearly defined. Whatever your situation, it’s a good time to review it. If you don’t already have a policy, then it’s high time you created one.…Thomas Rock Lindsay : HR48: How to Shrink Employees’ Waistlineshttp://www.smallbizbrainiac.com/?p=2306Thu, 14 Jul 2016 10:00:57 -040008:59falsefullHelping your employees to be active both on and off the job will pay you dividends in the form of fewer sick days, better problem solving, clearer thinking and increased productivity. How To Shrink Your Employees’ Waistlines is an article written by Stephanie Pronk, Senior Vice President at Aon, and leader of their U.S. National…Thomas Rock Lindsay : HR47: Do You Suffer From Work Martyr Syndrome?http://www.smallbizbrainiac.com/?p=2302Tue, 12 Jul 2016 10:00:11 -040009:38falsefullWhat’s your attitude toward vacation time as the owner of your company? Are you communicating the same message through both your words and actions? Do you make employees feel guilty for taking time off? In episode 46 we learned about the mandatory paid sick leave laws and ordinances that exits, and the need for you…Thomas Rock Lindsay : HR46: Mandatory Paid Sick Leavehttp://www.smallbizbrainiac.com/?p=2298Thu, 07 Jul 2016 15:53:13 -040007:57falsefullChicago is now the 34th jurisdiction and the third most populous city to have a paid sick leave law. If you have employees in one of the many jurisdictions with some form of mandatory paid time off, and you qualify based on your number of employees (which for example is every employer in California), then you must…Thomas Rock Lindsay : HR45: A Soapbox Rant – This is Jenniferhttp://www.smallbizbrainiac.com/?p=2293Tue, 05 Jul 2016 10:00:06 -040010:19falsefull“Everyone wants to live at the expense of the state. They forget that the state lives at the expense of everyone.”? – Frederick Bastiat Last week I was preparing an episode on paid time off, and during my research I came across something that really lit a fire in my sole. There is no federal…Thomas Rock Lindsay : HR44: Creating A Workplace Safety Programhttp://www.smallbizbrainiac.com/?p=2289Thu, 30 Jun 2016 10:00:12 -040009:22falsefullWhat could possibly go wrong? In the past several episodes we’ve talked a lot about workers’ compensation insurance and controlling your costs. We’ve established the fact that having a workplace safety program is paramount. The nucleus of a workplace safety program is an injury and illness prevention plan or IIPP. When it comes to an IIPP, every business is different,…Thomas Rock Lindsay : HR43: 4 Reasons You Need A Workplace Safety Programhttp://www.smallbizbrainiac.com/?p=2284Tue, 28 Jun 2016 10:00:39 -040009:30falsefullWhat kind of workplace safety program do you have? What kind of workplace safety program do you have? Do you fly by the seat of your pants and leave safety to lady luck? Do you sorta have a safety program that you dust off once in awhile, maybe in reaction to a claim or your newly published experience modifier,…Thomas Rock Lindsay : HR42: Workplace Health & Safety, TQM and Six Sigmahttp://www.smallbizbrainiac.com/?p=2281Thu, 23 Jun 2016 10:00:08 -040006:15falsefullCan productivity and safety be friends? In a recent survey by the National Safety Council, one-third of employees say that their employer values productivity over safety. Do you have to choose between productivity and safety? Are they mutually exclusive? I would argue that they go hand in hand. An unsafe working environment is not productive in the…Thomas Rock Lindsay : HR41: Escaping The Assigned Risk Planhttp://www.smallbizbrainiac.com/?p=2271Tue, 21 Jun 2016 10:00:05 -040010:06falsefullYour Assigned Risk Plan Exit Strategy. In the last episode we learned about the residual market and the Assigned Risk Plan. This is the insurance market where companies who can’t find an insurance company to sell them a policy end up. The premiums are significantly higher in the residual market, making it difficult for you to compete…Thomas Rock Lindsay : HR40: The Workers’ Compensation Insurance Assigned Risk Planhttp://www.smallbizbrainiac.com/?p=2266Thu, 16 Jun 2016 10:00:21 -040009:08falsefullWhat is the Residual Market and how do get out?  What if you can’t find an insurance company who wants to offer you a workers’ compensation insurance policy? You’re required by state law to have it and you can’t be in business without it. If you do go without it and one of your employees…Thomas Rock Lindsay : HR39: Garnishment Administrationhttp://www.smallbizbrainiac.com/?p=2260Tue, 14 Jun 2016 10:00:28 -040009:54falsefullYou can be held liable for 100% of your employee’s debt if you don’t administer your garnishments properly. One of the least enjoyable parts of being an employer is when you have to get involved in your employee’s personal financial affairs. How? By having to withhold money from their paycheck and send it to a…Thomas Rock Lindsay : HR38: FreedomFest 2016 Las Vegashttp://www.smallbizbrainiac.com/?p=2256Thu, 09 Jun 2016 10:00:51 -040007:55falsefullThe United States remains mired in the ranks of the “mostly free,” the second-tier economic freedom status into which it dropped in 2010. Join me at FreedomFest 2016 in Las Vegas at the Planet Hollywood Resort from July 13th-16th. Some of the excellent Speakers: Learn from speakers like Judge Napolitano, Senator Rand Paul, Actor Ed…Thomas Rock Lindsay : HR37: How To Get The Government To Pay You For Hiringhttp://www.smallbizbrainiac.com/?p=2252Tue, 07 Jun 2016 10:00:06 -040008:41falsefullAre you taking advantage of employment tax credits as you hire new employees? Are you even aware of these credits? If not, you’re missing the chance to get some of your tax dollars back and significantly reduce your payroll expense.  Both the Federal and State Governments have billions of dollars set aside to pay you…Thomas Rock Lindsay : HR36: The Health Insurance SHOP Marketplacehttp://www.smallbizbrainiac.com/?p=2243Thu, 02 Jun 2016 10:00:09 -040009:29falsefullSmall employers may qualify for federal tax credits toward group medical insurance purchased from healthcare.gov. In the last two episodes, 34 and 35, we learned about health insurance terms and how to use the benefit. In episode 20 on the Affordable Care Act, we learned a little bit about the federal government’s SHOP Marketplace. So,…Thomas Rock Lindsay : HR35: Teach Your Employees How to Use Their Health Insurancehttp://www.smallbizbrainiac.com/?p=2236Tue, 31 May 2016 10:00:47 -040008:48falsefullOnly 33% of employees rated the benefits education they received as excellent, or very good. Do you know how to use the health insurance plan you offer to your employees? With the information from the last episode and with what I’m going to share with you today, you’ll be ready start teaching your employees how…Thomas Rock Lindsay : HR34: Understanding Key Health Insurance Terms Will Save You Moneyhttp://www.smallbizbrainiac.com/?p=2232Thu, 26 May 2016 10:00:08 -040008:13falsefullTeach your employees how to use their health insurance so they don’t make the mistake I did.  Do you provide your employees with access to group medical insurance? It’s a great benefit to offer, but the premium is expensive. More than likely your employees have to pay part of that premium. But that’s just the…Thomas Rock Lindsay : HR33: New Salary Level Test for Exempt Employeeshttp://www.smallbizbrainiac.com/?p=2225Tue, 24 May 2016 10:00:32 -040009:10falsefullA massive transfer of income begins December 1, 2016. The salary basis test says that the employee must be paid a predetermined and fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed.  The salary level test says that the amount of the salary must meet a…Thomas Rock Lindsay : HR32: Making A Job Offerhttp://www.smallbizbrainiac.com/?p=2220Thu, 19 May 2016 10:00:11 -040008:17falsefullFollow this guide to make a job offer they can’t refuse. We’ve learned about the first 3 steps in the hiring process in earlier episodes. In episode 2 – Creating a job description, we learned how to define the position. In episode 12 – Where to find employees, we learned where to fish, and; in Episode 13 – Applicant tracking…Thomas Rock Lindsay : HR31: I-9 – Employment Eligibility Verificationhttp://www.smallbizbrainiac.com/?p=2214Tue, 17 May 2016 10:00:15 -040008:07falsefullYou can’t complete Form I-9 until after you’ve hired your employee. Form I-9 compliance is regulated by the U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE). ICE is the audit and enforcement agency for the provisions of section 274A, the Unlawful Employment of Aliens section of the Immigration and Nationality Act (INA). You…Thomas Rock Lindsay : HR30: E-Verify Suckshttp://www.smallbizbrainiac.com/?p=2210Thu, 12 May 2016 10:00:38 -040008:37falsefullA big brother program resulting from a draconian policy. The program was authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 designed to drive away these illegal workers but employed illegal immigrants are net contributors and they help subsidize our largest social program…. Social Security. Here is how the federal government sells…Thomas Rock Lindsay : HR29: Health Savings Accountshttp://www.smallbizbrainiac.com/?p=2205Tue, 10 May 2016 10:00:23 -040007:43falsefullCool employers offer health savings accounts! Health Savings Accounts were created in 2003 so that individuals covered by high-deductible health plans could receive tax-preferred treatment of money saved for medical expenses. These underutilized accounts have fantastic benefits to your employees. What is a Health Savings Account? A bank account that your employees own where they…Thomas Rock Lindsay : HR28: Workers’ Compensation Claims and Telecommutershttp://www.smallbizbrainiac.com/?p=2198Thu, 05 May 2016 10:00:18 -040008:01falsefull37% of Americans telecommute at least part of the time. An actual telecommuter claim: Mary worked from home selling window treatments, upholstery, bedding and pillows. She essentially worked out of her van and was required to keep current samples with her when going to appointments. She stored excess items in her garage, at her employer’s request. This was…Thomas Rock Lindsay : HR27: Workers’ Compensation Claims and Travelershttp://www.smallbizbrainiac.com/?p=2193Tue, 03 May 2016 10:00:24 -040009:29falsefullAre your employees covered for any injury while out of town on business? If you have employees that travel, even if occasionally, you need to understand what claims will be accepted and make sure your properly covered. A workers’ compensation claim must arise out of and occur “in the course (or scope) of employment” “Arise out of” typically…Thomas Rock Lindsay : HR26: “What’s Good for People?” a report by Kate Lister – Part 2http://www.smallbizbrainiac.com/?p=2186Thu, 28 Apr 2016 10:00:15 -040009:47falsefullCreating an engaged employee environment also requires that you focus on their well-being. About Kate Lister: Kate Lister has given me permission to read her fantastic report “What’s Good for People?”, on the podcast. Kate is president of Global Workplace Analytics and she’s an internationally recognized authority on emerging workplace strategies. Kate has co-authored three…Thomas Rock Lindsay : HR25: “What’s Good for People?” a report by Kate Listerhttp://www.smallbizbrainiac.com/?p=2179Tue, 26 Apr 2016 10:00:03 -040009:45falsefullWhat can you do to enhance employee well-being? Wellness is only one component of your employees well-being. Workplace strategies that address employees’ physical, emotional, and social well-being can increase employee engagement. Kate Lister’s report: “What’s Good for People?”, written by Kate Lister, President of Global Workplace Analytics, broadens the discussion beyond employee engagement to encompass…Thomas Rock Lindsay : HR24: How Medical Marijuana Impacts Employershttp://www.smallbizbrainiac.com/?p=2174Thu, 21 Apr 2016 10:00:12 -040008:52falsefullLegalization of medical marijuana is sweeping the nation. Twenty-three states plus DC and Guam, now have some form of medical marijuana legislation. States with medical marijuana laws: Alaska, Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon,…Thomas Rock Lindsay : HR23: Employee Engagement Ideashttp://www.smallbizbrainiac.com/?p=2167Tue, 19 Apr 2016 10:00:23 -040008:57falsefullFire up your employees. Get them engaged and watch productivity rise. Created the environment where employee engagement practices can exist. Employe engagement is about creating an environment of inclusion and participation. It’s about your employee’s sense of belonging and value. Successful employee engagement improves retention and attracts top talent. It increases productivity and improves the quality of…Thomas Rock Lindsay : HR22: Employee Engagementhttp://www.smallbizbrainiac.com/?p=2162Thu, 14 Apr 2016 10:00:52 -040007:16falsefullAre your employees fully engaged with your company? What is employee engagement? It’s about creating an environment of inclusion and participation. It’s about your employee’s sense of belonging and value. Successful employee engagement improves retention and attracts top talent. It increases productivity and improves quality. It makes your company stronger, more nimble and resilient. Imperfect…Thomas Rock Lindsay : HR21: Are You A Large Employer Under the Affordable Care Act?http://www.smallbizbrainiac.com/?p=2157Tue, 12 Apr 2016 10:00:28 -040009:17falsefullLearn the steps to calculating ALE status under the ACA. The ACA requires applicable large employers (or ALEs) to offer health insurance that has certain “minimum essential benefits” (also referred to as minimum essential coverage) to at least 95% of their full-time employees. The insurance must provide “minimum value” and the premium must be “affordable”.…Thomas Rock Lindsay : HR20: Affordable Care Act a/k/a Obamacarehttp://www.smallbizbrainiac.com/?p=2147Thu, 07 Apr 2016 10:00:01 -040009:29falsefullAs a small employer (definition applies) you do not have to comply with the ACA. However, you can still take advantage of the ACA to help your employees buy coverage.  The Patient Protection and Affordable Care Act, the PPACA, the ACA, Obamacare – however you recognize it, whatever you call it. It has been 6…Thomas Rock Lindsay : HR19: Hours Workedhttp://www.smallbizbrainiac.com/?p=2133Tue, 05 Apr 2016 10:00:54 -040008:54falsefullAre you calculating your nonexempt employees work hours correctly? You are required to pay your nonexempt employees for all time worked. Seams easy enough, but there a nuances you need to know to be compliant. If your employee is required to be working, be available to work or is being permitted to work – at either your premises…Thomas Rock Lindsay : HR18: Overtime Pay Calculationhttp://www.smallbizbrainiac.com/?p=2122Thu, 31 Mar 2016 10:00:43 -040008:26falsefullFLSA requires the payment of overtime to nonexempt employees. The FLSA requires you to pay overtime wages at the rate of one and one half times the regular rate of pay to nonexempt employees who work more than 40 hours in a week. In order to calculate the overtime due you have to know these…Thomas Rock Lindsay : HR17: Exempt or Nonexempt From Overtime Pay?http://www.smallbizbrainiac.com/?p=2106Tue, 29 Mar 2016 10:00:26 -040009:56falsefullDo you know which positions qualify as exempt from overtime? The Fair Labor Standards Act, or FLSA, is the body of law that establishes The minimum wage Overtime pay Recordkeeping Child labor standards Exempt and nonexempt refers to which employees you are required to pay overtime wages to. You have to pay overtime to a…Thomas Rock Lindsay : HR16: Ten Small Business Pitfalls – Part 2http://www.smallbizbrainiac.com/?p=2097Thu, 24 Mar 2016 10:00:54 -040007:33falsefullDelegation is vital to the success of your business. In episode 15 we talked about the first 5 pitfalls and today we’ll finish them off. 6. Not buying the right business insurance: Get an agent who specializes in your industry. Get an agent who is a Chartered Property Casualty Underwriter (“CPCU”). Only about 4% of…Thomas Rock Lindsay : HR15: Ten Small Business Pitfallshttp://www.smallbizbrainiac.com/?p=2090Tue, 22 Mar 2016 10:00:05 -040007:23falsefullDon’t let the day-to-day noise distract you from what’s important. Here are the first 5 of the 10 small business pitfalls you should avoid. 1. Screwing up on payroll taxes If you don’t have the time or the experience then outsource your payroll to a reputable payroll service provider. 2. Misclassifying workers as independent contractors…Thomas Rock Lindsay : HR14: Minimum Wage Run-Downhttp://www.smallbizbrainiac.com/?p=2073Thu, 17 Mar 2016 10:00:02 -040008:52falsefullWhat’s the latest trend in minimum wage? There are significant changes in the minimum wage at both the state and local level in 2016. Fast Facts Minimum wage was established 1938 as part of the Fair Labor Standards Act (FLSA). Back then, the rate was 25 cents an hour. The last minimum wage increase occurred in 2007.…Thomas Rock Lindsay : HR13: Applicant Tracking Systemshttp://www.smallbizbrainiac.com/?p=2053Tue, 15 Mar 2016 10:00:33 -040007:46falsefullRecruiting made easy! The hiring process is complicated. There are many steps along the way. Everything from defining the position to on-boarding the new hire, and when you are in a hurry, or desperate for help, you get sloppy. Don’t skip critical steps and settle for the wrong person. Purchase an applicant tracking system, or “ATS”. ATS system features Creating…Thomas Rock Lindsay : HR12: Where to Find Employeeshttp://www.smallbizbrainiac.com/?p=2030Thu, 10 Mar 2016 10:00:42 -040008:46falsefullWhat are the best sources for finding your next great employee? Here are the best sources for finding new employees? Recruiting Sources Family Recruiters Temporary staffing firms Job boards & search engines Referrals Referrals from current employees is the most successful source. There are 40,000 employment websites including job boards and search engines, according to…Thomas Rock Lindsay : HR11: Workers’ Compensation Insurance 101http://www.smallbizbrainiac.com/?p=2020Tue, 08 Mar 2016 10:00:49 -040007:46falsefullDo I Need Workers’ Compensation Insurance? You probably already know that as an employer you are required to purchase workers’ compensation insurance, or work comp for short. What is it? Mandatory insurance for employers. A type of property and casualty insurance. State regulated. It pays for all the medical treatment necessary to return your employee to…Thomas Rock Lindsay : HR10: Payroll Tax Deposit Penalties – Part 6 Federal Payroll Tax Serieshttp://www.smallbizbrainiac.com/?p=1993Thu, 03 Mar 2016 10:00:47 -040009:04falsefullDo you know how to avoid payroll tax penalties? Congress established large penalties to deter employers from not paying their payroll taxes. The longer you delay paying, the more it will cost. The four payroll tax penalties Failure to deposit Failure to pay Failure to file; and the Trust fund recovery  …..and the four things…Thomas Rock Lindsay : HR9: Can’t Pay Your Federal Payroll Tax! – Part 5 of Federal Payroll Tax Serieshttp://www.smallbizbrainiac.com/?p=1987Tue, 01 Mar 2016 10:00:14 -040009:02falsefullWhat Should You do if You Can’t Pay your Federal payroll Taxes? This is the fifth episode of a six-part series on Federal payroll taxes. If you haven’t listened to the first four episode in the series, I recommend that you go back and listen to episode 5. I am not an attorney, the information I am…Thomas Rock Lindsay : HR8: Payment and Reporting – Part 4 of Federal Payroll Tax Serieshttp://www.smallbizbrainiac.com/?p=1976Thu, 25 Feb 2016 10:00:59 -040009:08falsefullHow and when are the taxes paid and reported? This is the forth episode of a six-part series on Federal payroll taxes. If you haven’t listened to the first two episodes already, I would recommend that you go back and listen to episode 5, which is the first part in the series. Tax Payments The…Thomas Rock Lindsay : HR7: Payroll Tax Rates – Part 3 of Federal Payroll Tax Serieshttp://www.smallbizbrainiac.com/?p=1965Tue, 23 Feb 2016 10:00:51 -040009:01falsefullWhat are the tax rates for each Federal payroll tax? This is the third episode of a six-part series on Federal payroll taxes. If you haven’t listened to the first two episodes already, I would recommend that you go back and listen to episode 5, which is the first part in the series. Rates Federal…Thomas Rock Lindsay : HR6: Taxable Wages – Part 2 of Federal Payroll Tax Serieshttp://www.smallbizbrainiac.com/?p=1954Thu, 18 Feb 2016 10:00:48 -040008:56falsefullHow do you calculate the taxable wage basis for each Federal payroll tax type?   This is the second episode of a six-part series on Federal payroll taxes. If you haven’t listened to the first episode in the series I would recommend that you go back and listen to episode 5. Would you like to…Thomas Rock Lindsay : HR5: Payroll Taxes – Part 1 of Federal Payroll Tax Serieshttp://www.smallbizbrainiac.com/?p=1947Tue, 16 Feb 2016 10:00:55 -040009:02falsefullWhat are Federal Payroll Taxes? Welcome back! This is the first episode of a six-part series on Federal payroll taxes. In today’s episode we will identify and explain what makes up federal payroll taxes. Today we will learn: In today’s episode we will identify and explain what makes up federal payroll taxes. Why do you…Thomas Rock Lindsay : HR4: IRS Common Law Rules – 11 Point Testhttp://www.smallbizbrainiac.com/?p=1914Thu, 11 Feb 2016 10:00:20 -040008:29falsefullAre your workers properly classified? Take the IRS 11 point test to find out. If you have the right to control or direct only the results of the work and not how it will be done, or what will be done, then you have an independent contractor relationship. But, how do you make this determination? Today…Thomas Rock Lindsay : HR3: Independent Contractor or Employee?http://www.smallbizbrainiac.com/?p=1902Tue, 09 Feb 2016 12:28:19 -040009:21falsefullIndependent contractor or employee? The importance of worker classification. Today as part of the hiring process, we are talking about worker classification. Is the worker an independent contractor or an employee? Today we will learn: How the gig economy’s use of independent contractors is being challenged. Why the proper classification is a BIG DEAL! Before…Thomas Rock Lindsay : HR2: Creating a Job Descriptionhttp://www.smallbizbrainiac.com/?p=1893Thu, 04 Feb 2016 11:47:01 -040008:38falsefullSteps to writing a job description Why do you need job descriptions? A job description guides you to the right employee for the task. Every position in your company needs a job description. Having a job description can avoid “duty-creep” within all your positions. It helps you determine who is doing their job and who…Thomas Rock Lindsay : HR1: Introduction to SmallBiz Brainiachttp://www.smallbizbrainiac.com/?p=1769Tue, 02 Feb 2016 21:00:35 -040008:17falsefullHow to thrive as an employer I’m excited for you to join us and I’m thrilled to share the podcast with you. Welcome to SmallBiz Brainiac podcast, providing employer intelligence that helps you navigate the regulatory landscape and keeps  you on course running the business you love! You didn’t go into business to be an employer so SmallBiz…Thomas Rock Lindsay : HR