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  • In a recent turn of events, a California appeals court has fast-tracked the enforcement of new regulations under the California Consumer Privacy Act (CCPA), requiring small business owners in California to swiftly adapt to the evolving compliance landscape. This decision signifies immediate enforcement of new CCPA regulations, emphasizing the urgency for businesses to align with the updated compliance requirements. This ruling eliminates the previously anticipated grace period, necessitating proactive measures to safeguard businesses from potential compliance breaches and associated risks.

    Brief Background

    New CCPA regulations initially took effect in March 2023, but regulators built in a grace period to start enforcement on July 1, 2023. However, a California court delayed enforcement until March 29, 2024, creating a temporary reprieve for businesses. The California Privacy Protection Agency and the California Attorney General appealed this decision, resulting in the recent ruling that allows immediate enforcement of the regulations.

    Your Compliance Blueprint

    Small businesses must promptly initiate a comprehensive compliance plan to navigate this regulatory shift effectively. The following are essential steps to ensure CCPA compliance:

    1. Acknowledging existing CCPA requirements: While focusing on adapting to the new regulations, it’s crucial to remember that certain CCPA provisions have been in effect since January 1, 2020.

    2. Audit and update contracts: Review and update contracts with service providers, vendors, and third parties to ensure alignment with CCPA requirements for data processing and storage.

    3. Updating notices for employees: Provide updated notices to job applicants and existing employees to comply with CCPA regulations concerning data privacy.

    4. Refreshing privacy policies: Regularly update your privacy policies to reflect the latest CCPA regulations, ensuring transparency and compliance with customer data protection standards.

    5. Evaluating the website’s cookie compliance: Ensure that your website’s cookie banner and management tools adhere to CCPA guidelines, considering the collection of personal information from visitors.

    6. Enhancing CCPA rights’ requests processing: Align your processes with the revamped requirements for receiving and addressing CCPA rights’ requests, emphasizing compliance and responsiveness.

    7. Assessing ‘Dark Patterns’ on your website: Evaluate your website for any “dark patterns.” A dark pattern is a user interface that has been carefully crafted to trick users into doing things, such as buying overpriced insurance with their purchase or signing up for recurring bills. This ensures that user autonomy and decision-making are not compromised in accordance with CCPA regulations.

    Anticipating The Future Impact

    While the immediate impact of the accelerated enforcement may not heavily affect most businesses, it underscores the need for proactive compliance measures. In addition, the ruling’s implications on future agency rulemaking, particularly in regulating advanced technologies such as artificial intelligence (AI), emphasize the evolving nature of data privacy regulations.

    So, moving forward, small businesses in California must adapt to the accelerated enforcement of CCPA regulations, emphasizing the need for proactive compliance measures to mitigate potential risks and ensure adherence to consumer data privacy standards. Have you considered partnering with a professional employer organization (PEO)? A reputable PEO like GMS can provide tailored guidance, robust compliance frameworks, and comprehensive resources to help businesses effectively address the complexities of data privacy regulations.

    When you partner with GMS, business owners can access specialized expertise, streamline compliance efforts, and fortify their data protection strategies, empowering them to navigate the evolving regulatory landscape with confidence and focus on driving business success. Contact us today to learn more.

  • The Occupational Safety and Health Administration (OSHA) has sent its proposed walkaround rule to the White House for final approval. This sparked a contentious debate about the rule’s potential impact on workplace inspections and the involvement of third parties, including union members, in these inspections. This move has drawn both support and criticism from various stakeholders, setting the stage for a heated discussion on the future of workplace safety regulations in the U.S.

    The Proposed Rule

    The proposed walkaround rule aims to expand the participation of third parties, such as union members, in OSHA inspections. Under the current regulation, walkaround representatives must be employees. However, the new rule would grant OSHA inspectors the authority to determine whether a third party, including a labor union member, should be allowed to participate in the walkaround.

    According to the proposal, the rule would permit “a multitude of third parties” to serve as representatives authorized by employees for the purpose of OSHA walkaround inspections. This could include worker advocacy organizations, labor organization representatives, consultants, or attorneys with relevant experience interacting with government officials.

    Legal And Political Implications

    The proposed rule has raised concerns among lawmakers and legal experts. House Education and the Workforce Chairwoman Virginia Foxx expressed apprehension about the potential legal challenges the new rule might create. She warned that the lack of clear guidance on how judgment calls are made could introduce uncertainty and weaken the existing walkaround rule for political gain.

    This issue is further underscored by the fact that the Obama administration previously implemented a similar rule, but it was rescinded by the Trump administration. Some speculate that the proposed rule may face legal challenges because it appears to align with pro-union policies.

    Impact On Workplace Dynamics

    One of the key points surrounding the proposed rule is its potential impact on workplace dynamics. Proponents argue it could open opportunities for promoting union organizing and provide unions access to unrepresented employees at their worksites. However, opponents fear the rule, if finalized, may undermine employer rights and lead to a proliferation of third-party involvement in inspections, potentially complicating the process for employers.

    How A PEO Can Help

    In this environment of evolving workplace regulations and heightened scrutiny of workplace safety, small business owners face increasing complexity in navigating compliance requirements while maintaining operational efficiency. So, let us introduce you to the world of a professional employer organization (PEO). Partnering with GMS, a PEO, you’re provided with expertise in HR management, regulatory compliance, and safety protocols. This allows business owners to stay on top of changing regulations, enhance workplace safety, and streamline their operations, allowing them to focus on their core business functions. Our safety experts are here for you every step of the way. Contact us today!

  • In a significant move to support surviving spouses of high-risk workers, Colorado lawmakers have introduced House Bill 1139, which seeks to amend the existing death benefits paid under workers’ compensation claims. The proposed legislation aims to provide greater financial security to families who have lost a loved one due to work-related incidents.

    The Current Scenario

    Under the current law, surviving spouses of deceased employees are entitled to lifetime death benefits only if they remain unmarried. However, the benefits are abruptly terminated if the widow or widower decides to remarry. This provision has often left families dealing with financial uncertainty, especially when the surviving spouse seeks companionship or remarries.

    The Proposed Changes

    House Bill 1139 seeks to address this limitation by allowing dependents of deceased high-risk workers to receive lifetime death benefits even after remarrying. The bill recognizes that love and companionship are essential aspects of healing and moving forward after the loss of a partner.

    Jobs classified as high-risk play a crucial role in our communities and include the following:

    • Colorado State Patrol Officers
    • Bureau of Investigation personnel
    • Department of Corrections employees
    • Firefighters
    • Wildlife officers
    • Department of Transportation workers
    • Parks and recreation officers

    Why It Matters

    The proposed changes recognize the sacrifices made by high-risk workers and their families. By allowing surviving spouses to remarry without losing their benefits, Colorado acknowledges that life doesn’t stop after tragedy. It encourages healing, companionship, and the pursuit of happiness amidst grief.

    The proposed bill in Colorado has significant implications for small business owners. If passed, it would allow dependents of deceased employees who worked in high-risk job classifications to receive lifetime death benefits, even if they remarry. Currently, the law terminates benefits upon remarriage. For business owners, this means they may need to adjust their workers’ compensation policies and ensure compliance with the new provisions.

    Fortunately, a professional employer organization (PEO) is here to help. A PEO plays a crucial role in assisting small business owners with various aspects of HR and employee management. In addition, a PEO can help with the proposed bill by offering the following:

    • Legal compliance and guidance 
    • Workers’ compensation administration
    • Benefits administration
    • Risk management
    • Administrative efficiency 

    GMS, a PEO, is here to navigate legal complexities, provide better benefits, and maintain a productive workforce while keeping you informed about legislative updates. Contact us today to learn more. 

  • The Automatic IRA Act of 2024, introduced by Representative Richard Neal, D-Mass., aims to significantly enhance retirement security for millions of U.S. workers. This groundbreaking legislation proposes a mandatory enrollment of employees in individual retirement accounts (IRAs) or other automatic-contribution arrangements if their employers, with more than 10 workers, do not offer a retirement plan. Let’s explore the specifics and potential impact of this proposed act.

    Expanding Retirement Coverage

    The primary objective of the Automatic IRA Act is to extend retirement coverage to employees, gig workers, and independent contractors, addressing the existing gaps in retirement savings. By leveraging automatic enrollment, the legislation seeks to ensure that a larger segment of the workforce can benefit from retirement savings opportunities. It’s designed to complement and safeguard employer-sponsored plans while also building upon and protecting state-facilitated automatic IRA retirement saving programs.

    Key Provisions Of The Legislation

    Under the proposed legislation, there are a handful of key provisions, including the following:

    Mandatory automatic enrollment

    Employers with more than 10 workers not offering a retirement plan would be required to automatically enroll employees in IRAs or other automatic-contribution arrangements, such as 401(k) plans.

    Tax credits for small employers

    The act proposes a new tax credit of $500 per year for three years for employers of up to 100 employees that offer enrollment in either a state or national automatic IRA.

    Contribution requirements

    The legislation mandates that all automatic contribution plans default at a minimum contribution of six percent, with an annual automatic annual increase of one percent until reaching 10%.

    Lifetime income options

    401(k)-type plans with more than 100 participants would need to permit participants to elect to receive at least 50% of their vested account balance in the form of lifetime income, with exceptions for participants with balances of up to $200,000. Lifetime income refers to a steady stream of income that lasts throughout an individual’s lifetime. This is often associated with retirement planning, where the goal is to ensure a consistent flow of money during retirement years. Examples of lifetime income include the following:

    • Social security 
    • Pensions
    • Annuities 

    Investment options

    Automatic IRAs must offer employees a target date fund as the default investment, along with a principal preservation fund, a balance fund, and any additional options designated by the Treasury Department in the future.

    Implications And Considerations

    The Ways and Means Democrats highlighted that automatic IRAs have been instrumental in narrowing coverage and savings gaps across racial, ethnic, gender, and income lines, emphasizing the potential impact of the act on promoting retirement security for traditionally underserved demographics. In addition, workers could decline participation or opt-out at any time after enrollment, ensuring individual autonomy in retirement planning.

    Exceptions And Safeguards

    The legislation would allow several exceptions, including companies with 10 or fewer workers, those already offering a qualified plan, those in business for less than two years, or those with governmental plans or church plans. In addition, it would not affect workers currently enrolled in a state-sponsored plan.

    The Assistance Of A PEO

    In navigating the intricacies of the Automatic IRA Act of 2024, business owners may find value in partnering with a professional employer organization (PEO) like GMS. A PEO can offer comprehensive support in managing retirement plans, ensuring compliance with the new legislation, and facilitating the seamless implementation of automatic enrollment and contribution requirements. By leveraging the expertise of a PEO, business owners can navigate the complexities of the act with confidence, streamline administrative processes, and ultimately prioritize the financial well-being of their employees while staying ahead of regulatory changes. Contact our 401(k) experts today!

  • As a small business owner, you may think offering a retirement plan to your employees is too costly or complicated. However, there are many benefits to providing a retirement plan, especially a 401(k) plan, that can help you attract and retain talent, save on taxes, and secure your own future. Of the 34% of small business owners offering retirement plans, 63% said they offer the plans because it’s the right thing to do, while another 53% said their employees appreciate and expect the benefit, and 51% said the plan helps recruit employees. Let the statistics speak for themselves. However, if you still don’t feel compelled to offer your employees a benefit they want and need, we’ve compiled a list of advantages. But first, let’s start with the basics.

    What Is A 401(k) Plan?

    A 401(k) plan is a type of retirement plan that allows employees to contribute a portion of their salary to a tax-deferred account, where it can grow over time. Employers can choose to match some or all of the employee contributions or make profit-sharing contributions to the plan. There are different types of 401(k) plans, such as traditional, safe harbor, SIMPLE, and solo 401(k) plans, that have different rules and requirements.

    Why Offer A 401(k) Plan?

    There is a plethora of benefits to offering a 401(k) plan to your employees. Beyond being a cornerstone of financial security for employees, a 401(k) plan serves as a beacon of loyalty, attracting and retaining top talent in today’s competitive job market. Let’s get into the benefits:

    • Employee retention: Offering a 401(k) plan can enhance employee retention by providing a valuable benefit that encourages loyalty and long-term commitment to the company.
    • Competitive advantage: A comprehensive benefits package, including a 401(k) plan, can make your company more attractive to top talent, giving you a competitive edge in recruitment efforts.
    • Tax advantages: Both employees and employers can benefit from tax advantages associated with 401(k) contributions. Employees can enjoy tax-deferred growth on their investments, while employers may be eligible for tax deductions on contributions made to the plan. In addition, there are tax credits resulting from SECURE 2.0 legislation that may help lower the cost for some employers starting a new 401(k) plan.
    • Employee financial security: A 401(k) plan helps employees save for retirement, fostering financial security and peace of mind. It empowers them to take control of their future and plan for a comfortable retirement.
    • Employee engagement: Providing a 401(k) plan demonstrates a commitment to employee well-being and financial literacy. It can lead to increased employee morale and overall satisfaction, which can positively impact productivity and workplace culture.
    • Flexible contribution options: 401(k) plans typically offer flexible contribution options, allowing employees to contribute a percentage of their salary and adjust their contributions over time to suit their financial goals and circumstances.
    • Employer matching contributions: Many employers offer matching contributions as part of their 401(k) plan, providing employees with an additional incentive to participate and save for retirement.
    • Automatic enrollment features: Some 401(k) plans offer automatic enrollment features, making it easier for employees to start saving for retirement without taking proactive steps to enroll.
    • Investment options: 401(k) plans allow employees to tailor their investment strategy based on their risk tolerance, investment objectives, and time horizon.
    • Portability: 401(k) plans are portable, meaning employees can typically roll over their account balances into another qualified retirement plan if they leave the company, providing continuity in retirement savings.

    Offering a retirement plan to your employees is not only a smart business decision but also a way to show them that you care about their well-being and future. By providing a 401(k) plan, you can help your employees achieve their retirement goals while also benefiting your own business and personal finances.

    401(k)s For Small Businesses With A PEO

    To recruit and retain quality employees, retirement plans are an essential benefit; however, they come with a lot of complexity and risk. At GMS, we understand that’s probably the last thing you want to worry about. That’s why when you partner with us, we take on that administrative burden. As a small business owner, you can finally offer that retirement plan you’ve debated adding to your benefits package for years.

    By partnering with us, we cut costs, reduce stress, save time, and offer benefits your employees want the most. Contact us today to learn more about our retirement plan offerings so you can attract and retain the top talent you want and need.

  • In the construction world, safety isn’t just about checking off an item on your list, it’s the most critical aspect of your business. Yet, even with all the precautions in place, tragedies still strike, reminding us of the real risks involved. Unfortunately, this was tragically reinforced in August 2023 when a worker lost their life due to an electrocution incident. Let’s dive into the details of this incident so construction businesses can take proactive steps to ensure this doesn’t happen to their staff.

    The Incident

    At a Palm Pay residential construction site, tragedy struck. A worker, suspended from a crane boom, came into contact with two 13,200-volt power lines. The result was fatal – an unimaginable loss that shook the community. The Occupational Safety and Health Administration (OSHA) swiftly investigated the incident, uncovering serious violations.

    Citations And Violations

    Capt’n Hook’s Crane Service Inc., a Florida-based crane rental company, was cited by OSHA for the following violations:

    • Uncertified crane operator: The company employed an uncertified crane operator. Crane operators play a pivotal role in ensuring safety during lift operations. Proper certification ensures competence and adherence to safety protocols.
    • Operating near overhead power lines: Operating a hydraulic crane within 200 feet of overhead power lines is risky. The proximity to high-voltage electricity poses an immediate danger to both workers and the public, which Capt’n Hook’s Crane Service Inc. failed to observe.
    • Other-than-serious violations: The company also failed to label and mark rigging equipment, failing to ensure the legibility of warning labels on the crane.

    OSHA proposed a hefty penalty of $26,585. This financial consequence serves as a stark reminder that safety lapses have real-world costs.

    Lessons Learned

    1. Certification matters: Employing certified professionals ensures competence and adherence to safety standards. Companies must prioritize proper training and certification for all personnel.
    2. Safety zones are non-negotiable: The 200-foot buffer around overhead power lines exists for a reason. It’s not a suggestion; it’s a mandate. Companies must rigorously enforce this safety perimeter.
    3. Attention to detail saves lives: From labeling rigging equipment to maintaining legible warning labels, every detail matters. These seemingly small actions can prevent catastrophic accidents.

    Safety First With A PEO

    As we learn about this fatal accident, let’s collectively commit to a safer future. As a business owner, take a proactive approach to workplace safety and partner with a professional employer organization (PEO) like GMS. GMS’ safety experts provide a wealth of knowledge and offer various services to ensure your workplace is compliant and your workers are protected. From job site inspections and OSHA citations and assistance to training and everything in between, our experts are here to make your workplace a safer place. Don’t make the same mistake that Capt’n Hook’s Crane Service Inc. did; contact us today!

  • In today’s globalized economy, workplaces are increasingly diverse, reflecting a variety of cultures, languages, and backgrounds among employees. In such environments, effective communication is paramount for fostering inclusivity, productivity, and understanding. One critical aspect of communication in multilingual workplaces is crafting notices and announcements that resonate with all team members. Striking the right balance in multilingual workplace notices is not only about translation; it’s about conveying the message effectively while honoring linguistic and cultural diversity.

    Tailoring Communication

    One size does not fit all when it comes to workplace communication. While English may be the primary language in many organizations, it’s essential to acknowledge that not all employees are proficient in English. Providing notices in multiple languages ensures all team members receive information clearly and promptly. However, the challenge lies in striking a balance between inclusivity and practicality.

    Prioritizing Information

    In multilingual workplaces, it’s crucial to prioritize the information conveyed in notices. While translating every word and detail may seem comprehensive, it can clutter the message and dilute its effectiveness. Instead, focus on conveying essential information briefly while providing options for more detailed explanations or clarifications in different languages upon request.

    To avoid this issue, employers must consider their workplace demographics. Not every employee needs every notice in every language. Instead, a targeted approach is key. The following are strategies:

    • Legitimate need: Post notices in foreign languages only when there is a legitimate need. For instance, if a significant portion of the workforce speaks a particular language, providing information in that language makes sense.
    • Thresholds: Consider setting language-specific thresholds. If 20% or more of your employees are literate in a language other than English, prioritize posting in that language. For less common languages, electronic versions on online bulletin boards could suffice.
    • Remote workforce: In the era of remote work, electronic postings can meet federal requirements. If all employees work from home, bulletin boards become obsolete.

    Navigating State And Local Requirements

    The U.S. Equal Employment Opportunity Commission (EEOC) doesn’t mandate specific multilingual posting requirements. However, employers should remain vigilant. A proactive approach ensures that employees receive critical information without drowning in notices. On the other hand, some federal statutes and agencies sometimes require postings in other languages. For example, the Family and Medical Leave Act enforced by the U.S. Department of Labor (DOL), requires business owners to provide notice in a language in which employees are literate where the workforce has a significant portion of workers who are not literate in English. A proactive approach is essential to ensure that employees receive critical information without drowning in a sea of notices.

    In addition, Spanish-language labor law postings are sometimes required by the federal government for the following reasons:

    • All H-2A employers that have a significant portion of their workforce made up of non-English-proficient, Spanish-speaking employees, addressing their rights under the program
    • All H-2B employers, with a significant portion of workers who aren’t fluent in English but are in Spanish, posting about workers’ rights under the program
    • All federal contractors that have a significant portion of their workforce made up of non-English-proficient, Spanish-speaking employees, informing them of their National Labor Relations Act rights
    • All federal contractors and subcontractors using E-Verify, including the right-to-work and program participation posters
    • Agricultural employers, agricultural associations, and farm labor contractors informing workers of their Migrant and Seasonal Agricultural Worker Protection Act rights

    Several states and localities require notice postings in Spanish under anti-discrimination laws, minimum wage laws, right-to-work laws, human trafficking laws, and workers’ compensation laws.

    GMS Is Here To Help

    Navigating multilingual workplace notices requires a delicate balance between inclusivity, clarity, and cultural sensitivity. Organizations can create an environment where every team member feels valued, understood, and empowered by understanding the diverse linguistic and cultural landscape of the workforce, tailoring communication strategies, leveraging technology, seeking feedback, and cultivating inclusivity.

    However, as a small business owner, implementing this on your own can be challenging. That’s where we come into play. As a professional employer organization (PEO), our HR experts offer comprehensive HR solutions, including multilingual communication support. We allow business owners to deliver clear, inclusive notices that resonate with every member of the team. This partnership allows business owners to streamline their communication processes, foster a culture of inclusivity, and focus on what truly matters – building strong, diverse, cohesive teams. Contact us today to learn more!

  • If you’re like most Americans, you’ve probably changed jobs several times in your career. And each time, you may have left behind a small retirement account with your former employer. But what happens to those accounts when you move on? Do you keep track of them? Do you roll them over to your new employer’s plan or an Individual Retirement Account (IRA)? Or do you cash them out and spend the money?

    According to the U.S. Department of Labor (DOL), millions of workers lose track of their retirement savings when they change jobs. This can result in lower retirement income, higher fees, and more taxes. To address this problem, the DOL recently proposed a rule that would facilitate automatic portability of retirement accounts for workers who switch jobs.

    What Is Automatic Portability?

    Automatic portability is a feature that allows your retirement savings to follow you from one employer to another without any action required from you. It works like this:

    • When you leave a job with a retirement plan with savings totaling $7,000 or less, the plan can automatically roll the money into a Safe Harbor IRA if the plan document allows it and you do not take action after receiving the required notices.
    • When you start a new job with a retirement plan, the Safe Harbor IRA provider can automatically transfer your savings to your new employer’s plan if the plan document allows it and you do not opt out after receiving required notices.

    The DOL’s proposed rule would allow vendors to charge reasonable fees for processing these transactions, which are currently prohibited by law. It would implement provisions of the federal SECURE 2.0 Act that allow automatic portability providers to receive reasonable fees in connection with executing automatic portability transactions through a new exemption in the Internal Revenue Code. In addition, the rule would also impose certain safeguards to protect workers’ interests, such as disclosure of fees, fiduciary responsibility, data security, and record keeping.

    What Are The Benefits Of Automatic Portability?

    Automatic portability can help you save more for retirement by:

    • Keeping your retirement savings consolidated in one place, making it easier to manage and monitor your investments
    • Reducing the risk of losing track of your retirement accounts or forgetting your passwords and login information
    • Avoiding the temptation of cashing out your retirement savings and paying taxes and penalties
    • Saving on fees and expenses that may be higher in Safe Harbor IRAs than in employer-sponsored plans
    • Taking advantage of the higher contribution limits and employer-matching contributions that may be available in employer-sponsored plans

    How Can You Take Advantage Of Automatic Portability?

    To benefit from automatic portability, check with your current and former employers to see if their retirement plans offer this feature. If they do, you must ensure you receive and read the notices informing you of your rights and options. You’ll also need to update your contact information with your current employer and IRA provider so they can reach you when necessary.

    If your current employer doesn’t offer automatic portability, you can still take action to consolidate your retirement accounts on your own. You can either roll over your old accounts to your new employer’s plan or an IRA of your choice. This way, you can avoid the drawbacks of having multiple small accounts and enjoy the benefits of having a larger retirement nest egg.

    Remember, your retirement savings are your future. Don’t let them get lost or forgotten. Take advantage of automatic portability or rollover your accounts today. Your future self will thank you.

    Actions For Employers

    As a business owner, the first step in supporting your employees is determining whether your retirement plan currently allows automatic portability transactions. If it doesn’t, decide what steps you need to take to make that feature available in your plan. Or, you can partner with a professional employer organization (PEO) like GMS. Our retirement experts at GMS ensure seamless transitions for employees when transitioning to our retirement plan. No more burdens associated with managing employees’ retirement benefits. Partner with GMS to unlock opportunities for your business and your employees. Get a quote from us today!

  • Workplace safety and health hazards are serious concerns that can significantly impact employees and a company’s overall operations. Recently, Dana Container, a transportation company in New Jersey, has come under scrutiny for repeatedly failing to address safety hazards, resulting in hefty fines imposed by the Occupational Safety and Health Administration (OSHA).

    Background

    Dana Container, located in Paulsboro, New Jersey, has been facing a substantial fine of $437,860 from OSHA due to various workplace safety and health hazards involving chemicals. The investigation was initiated in July 2023 following an employee complaint highlighting significant safety and health deficiencies within the company.

    The OSHA investigation revealed several violations, including a willful violation for the improper maintenance of safety data sheets for chemicals, such as corrosives. In addition, the company was cited for three repeat violations, including failure to update container labels, inadequately maintained eyewash stations, and a lapse in conducting medical evaluations for workers before respirator use. Dana Container had also been cited for similar violations in 2019 and 2023, indicating a recurring pattern of non-compliance.

    Furthermore, the company received four serious citations for failure to inspect hoists, establish a written hazard communication program, and ensure the fulfillment of safety requirements while using a lifeline fall protection system.

    The company has been given 15 business days to either comply with or contest the findings. Dana Container must rectify the identified safety and health hazards and implement robust measures to prevent their recurrence in the future.

    Importance Of Compliance And Accountability

    The repeated nature of these violations raises serious concerns about Dana Container’s commitment to ensuring the safety and well-being of its employees. Workplace safety is a legal obligation and is imperative for companies, especially those involved in transporting and handling hazardous materials.

    Ensuring a safe working environment is crucial for safeguarding the welfare of employees and preventing potential accidents or long-term health issues resulting from exposure to hazardous chemicals. In addition, non-compliance with safety regulations can tarnish the company’s reputation, leading to a loss of trust among employees, clients, and the public.

    Embracing A Culture Of Safety

    Dana Container should consider reevaluating its safety protocols, providing thorough training to employees on chemical handling and safety procedures, and implementing stringent measures to ensure compliance with OSHA regulations. This serves as a reminder of the importance of upholding workplace safety and health standards, particularly in industries dealing with hazardous materials.

    Consider partnering with a professional employer organization (PEO) like GMS to ensure the safety of your employees. GMS works with a wide variety of industries, including the transportation industry. As your transportation and logistics company grows, the administrative aspects of your business require more time and resources. Our safety experts help business owners take a proactive approach to workplace safety through various services. These strategies include:

    • Training
    • Job hazard analysis (JHA) and standard operating procedures (SOP)
    • Onsite consulting 
    • OSHA inspection and citation assistance
    • Jobsite inspections
    • Accident and injury investigations

    Contact us today to learn more!

  • On January 20, 2024, New York City implemented a groundbreaking law that empowers employees to take legal action against employers for violations of the Earned Safe and Sick Time Act (ESSTA). This new law, passed by the New York City Council on December 20, 2023, is set to transform the landscape of employee rights and employer responsibilities within the city. Let’s dive into the key provisions and implications of this significant development.  

    Private Right Of Action 

    The new law introduces a private right of action, enabling employees to file lawsuits in court alleging breaches of the ESSTA. This allows individuals to seek legal recourse within two years of discovering a potential violation without necessarily filing a complaint with the Department of Consumer and Worker Protection (DCWP).  

    Understanding ESSTA 

    The ESSTA, a cornerstone of employee rights in New York City, grants eligible employees the privilege to use safe and sick leave for personal or family care and seek legal and social services in cases of domestic violence, unwanted sexual contact, stalking, or human trafficking. Employers must provide between 40 and 56 hours of paid or unpaid leave, depending on their size.  

    Implications For Employers 

    New regulations 

    In October 2023, the DCWP finalized new regulations to the ESSTA, clarifying employer size determination, remote worker inclusion, notice requirements, and accrual methods. Employers need to familiarize themselves with these updated regulations to ensure compliance.  

    Penalties and remedies 

    The new law alters the civil penalties for ESSTA violations, with fines ranging from $500 to $1,000 per violation within two years. Additionally, plaintiffs can now seek injunctive and declaratory relief, attorneys’ fees, costs, and other appropriate damages in addition to compensatory damages.  

    Legal recourse 

    Previously, individuals could only file complaints with the DCWP, which would then investigate the claims. However, the new law expands this process by allowing individuals to simultaneously file a civil action in court and a DCWP complaint for the same alleged violation.  

    Reporting Requirements  

    The new law also mandates the DCWP to report the following on its website annually:  

    -Number and nature of filed complaints, including unsubstantiated complaints and notices of violations issued 

    -Number of civil actions filed, provided the DCWP was informed of such actions 

    -Number of opened and closed investigations, along with the average time for complaint resolution  

    -Average time it takes for a complaint to be resolved  

    Advice For Employers 

    In light of these changes, New York City employers are advised to revisit their safe and sick leave policies, ensuring alignment with the amended ESSTA and the updated DCWP regulations. It becomes imperative for employers to uphold their obligations under the ESSTA to avoid potential liability from employees. 

    In navigating the evolving landscape of employment laws, including the recent changes to ESSTA, small business owners in New York City may find value in partnering with a professional employer organization (PEO) like GMS. GMS’ experts can offer vital support by providing access to comprehensive HR solutions, ensuring compliance with ESSTA and other labor regulations, managing payroll and benefits, and offering expertise in navigating the complexities of employee-related matters. By leveraging the resources and expertise of GMS, small business owners can focus on growing their business while entrusting critical HR responsibilities to a trusted partner, thereby fostering a more efficient and compliant workplace environment. Interested in learning more? Contact us today!