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  • To protect workers and revolutionize workplace safety, California Governor Gavin Newsom recently signed Senate Bill 553, a groundbreaking law requiring employers to adopt comprehensive workplace violence prevention plans. These plans will help maintain records of threats or incidents of workplace violence and ensure that workers receive effective training to handle each situation. This marks a significant milestone in ensuring the safety of employees in a wide range of industries.

    A Broader Approach To Workplace Safety

    California’s new workplace violence prevention law, which extends its requirements to nearly all employers, represents a significant leap forward in ensuring the safety of employees. While specific industries such as health care have already established workplace violence prevention standards, this law broadens the scope, providing protections to workers in various sectors.

    Key Elements Of The Workplace Violence Prevention Plan

    One of the foundations of this new legislation is the requirement for employers to establish a written workplace violence prevention plan. This plan should encompass several elements, including:

    1. Designating a responsible person for implementing the program 
    2. Procedures for reporting and responding to workplace violence incidents
    3. Ensuring non-retaliation against employees who report such incidents
    4. Providing means for employees to report incidents or concerns without fear of reprisal
    5. Methods to alert employees about the presence, location, and nature of workplace violence emergencies
    6. Evacuation or sheltering plans appropriate to the work site 
    7. Processes for investigating employee concerns and informing employees of the investigation results
    8. Employee involvement in developing and implementing the violence prevention plan 
    9. Periodic reviews and revisions of the plan as needed

    The Power Of Training

    Another crucial aspect of the law is the requirement for employers to train workers on “red-flag behaviors” and strategies for de-escalating potentially volatile solutions. This training empowers employees to recognize warning signs and appropriately defuse conflicts before they escalate into violence.

    Keeping Detailed Records

    Beginning on July 1st, 2024, employers must log all reports of violence or threats and document their actions in response to these incidents. The log must not contain any personally identifiable information to safeguard employees’ privacy. These records must be maintained for at least five years and made available to the California Division of Occupational Safety and Health (Cal/OSHA) upon request. Employers can face fines if they do not keep the log properly.

    Trends And Prevention

    Maintaining these records is not just about compliance but also about improving long-term violence prevention efforts. By keeping track of incidents and responses, California employers will have an opportunity to identify trends within their organizations, allowing them to develop more effective violence prevention strategies.

    Protecting Employee Identities

    To encourage reporting without fear of retaliation, a provision in the law allows a supervisor or union representative to apply for a temporary restraining order on behalf of an employee without revealing the employee’s name in the report. This provision is set to take effect on January 1st, 2025, and aims to provide a more secure channel for reporting credible threats.

    Exemptions And High-Risk Industries

    The new law does not apply to employers already covered by California’s existing workplace violence prevention standard for the health care industry, telecommuting employees working from a location of their own choice, and worksites with fewer than 10 employees that are not accessible to the public. High-risk industries are more vulnerable to workplace violence and include the following:

    • Health care
    • Late-night convenience stores
    • Taxi services
    • Ride-hailing companies
    • Customer service offices

    Establishments serving alcohol, including restaurants, bars, and casinos, also face a higher risk, according to the U.S. Occupational Safety and Health Administration (OSHA).

    Workplace Violence Statistics

    Workplace violence is a pressing issue that this law seeks to address. In 2020, there were 392 workplace homicides and 37,060 nonfatal injuries in the workplace resulting from intentional harm by another person, as reported by the U.S. Bureau of Labor Statistics (BLS). These incidents occurred across various industries, making the need for comprehensive prevention measures evident.

    The Benefits Of A PEO

    The new California law on workplace violence prevention has opened a path to a safer and more secure future for employees. However, navigating this path successfully requires expertise and guidance, which is where professional employer organizations (PEOs) like GMS can shine. These seasoned professionals specialize in navigating the intricacies of labor regulations, offering tailored solutions to meet the demands of this legislation. As a business owner, when you partner with a PEO, you’re unlocking the full potential of your workforce, fostering a culture of safety and well-being. In this era of change and progress, the collaboration between California’s law and PEOs creates a simpler, safer, and stronger tomorrow for business owners. Contact us today to learn more.

  • In a move for workers’ rights and personal freedoms, California has taken a bold step by embracing a progressive attitude towards marijuana use in the workplace. Governor Gavin Newsom signed Senate Bill 700 into law, indicating a new era for job applicants in California. Effective January 1st, 2024, this legislation ensures that employers can no longer inquire about a job applicant’s past marijuana use, and it also prevents pre-employment drug screenings for cannabis. But that’s not all – the law goes the extra mile to protect individuals from being penalized for off-the-clock marijuana use, marking a significant turning point in employment practices.

    A Legal Game Changer

    Before diving into the specifics of this law, it’s essential to understand its scope. The bill doesn’t serve as a blanket protection for job applicants. Instead, it offers essential safeguards for a broad range of workers. If a job applicant’s past marijuana use is relevant to their criminal history, employers are still permitted to consider this information. The law acknowledges that there are situations where such information can be legitimately taken into account in accordance with state and federal laws.

    Another crucial point to note is that the law doesn’t extend to job applicants in the construction and building trades. While this may seem like an exception, it’s crucial to recognize certain professions’ unique safety concerns and legal obligations.

    Off-The-Clock Freedom

    One of the most exciting aspects of this legislation is its provision to protect individuals from being penalized due to off-the-clock marijuana use. This means that, within the bounds of the law, you can enjoy your personal time without fear of workplace consequences. This change will likely boost morale, reduce stress, and enhance job satisfaction for countless California workers who indulge in the recreational use of marijuana.

    Steering Towards Progress

    This law signifies California’s commitment to align with the evolving views on marijuana, both for medical and recreational purposes. As more states across the U.S. continue to relax their cannabis laws, California stands out as a pioneer in safeguarding workers’ rights, demonstrating a dedication to creating a more inclusive and tolerant work environment.

    Feeling Overwhelmed Yet?

    In California, the changing landscape of employment laws, especially regarding marijuana use, has presented additional challenges for small business owners. Fortunately, a professional employer organization (PEO) like Group Management Services (GMS) is here to help. Small business owners can lean on GMS to remain compliant, allowing them to focus on what truly matters – growing their business and nurturing their employees. As we embrace this new employment era in California, GMS’ HR experts stand ready to provide small business owners with the resources, knowledge, and peace of mind they need to flourish in an ever-changing world. Contact us today to learn more.

  • In the world of business, size doesn’t always guarantee perfection. Even giant corporations such as Walmart, with their immense resources and global reach, can make significant mistakes that impact their reputation and bottom line. A recent lawsuit against Walmart serves as a reminder that no company is immune to missteps, especially regarding employment practices. As a business owner, it’s crucial to learn from these errors and prioritize compliance with employment laws. One way to do this is by partnering with a professional employer organization (PEO).

    Walmart’s Misstep: The EEOC Lawsuit

    The U.S. Equal Employment Opportunity Commission (EEOC) recently took Walmart to federal court, alleging that the retail company terminated employees with disabilities due to their inability to pass an employment test. The lawsuit claimed that Walmart used an unlawful qualifications standard, known as the Pathways Graduation Assessment, and failed to provide reasonable accommodations for disabled workers, as required by the Americans with Disabilities Act (ADA).

    Shay Ahlborn, GMS’ HR Account Manager, stated, “Compliance with the ADA is imperative within organizations. Failure to comply with the ADA can result in legal consequences, fines, and lawsuits. However, GMS is here to assist employers with ADA and other employment law compliance through onsite HR management with extensive experience in state and federal employment laws.”

    The Pathways Graduation Assessment: A Problematic Test

    Walmart’s Pathways Graduation Assessment was a computer-based test designed to measure employees’ knowledge of various job-related aspects, including customer service, inventory management, retail fundamentals, and merchandising. If employees failed the test after three attempts, they faced termination.

    Lessons For Business Owners

    The EEOC’s lawsuit contended that this assessment was not job-related and did not meet the criteria of business necessity for certain positions. The agency argued that the test effectively screened out or tended to screen out individuals with disabilities, violating the ADA. This case highlights a crucial lesson for all businesses: while performance standards are essential, they must be fair, job-related, and not discriminate against any protected group, including individuals with disabilities.

    Key Takeaways For Business Owners

    1. Prioritize compliance: Compliance with employment laws, especially those related to disabilities and equal opportunity, should be at the forefront of your business practices. Take proactive steps to ensure your hiring and employment assessments align with ADA requirements.
    2. Provide reasonable accommodations: The ADA mandates that employers provide reasonable accommodations to individuals with disabilities. Be ready to accommodate employees during tests or other evaluations, such as offering extra time or switching to a different format.
    3. Communicate openly: Inform job applicants and employees of their right to request reasonable accommodations during assessments. Establish an interactive process to address these requests promptly and efficiently.
    4. Choose fair assessments: Ensure that any pre-employment tests or assessments are fair, job-related, and unbiased. Seek legal guidance if needed to develop assessments that comply with employment laws.
    5. Mitigate risks: Recognize that employment-related lawsuits can have substantial financial and reputational consequences. Taking proactive measures to prevent discrimination and wrongful termination is not only ethical but also financially prudent.
    6. Consider partnering with a PEO: To navigate the complexities of employment law, many businesses choose to partner with a professional employer organization (PEO). A PEO can provide expertise in HR compliance, assist with reasonable accommodations, and help manage employee assessments effectively.

    Have You Considered Partnering With A PEO?

    Walmart’s lawsuit serves as a reminder that even the largest corporations can stumble regarding employment practices. As a business owner, you can learn from their mistakes and build a workplace that values diversity, compliance, and fairness. Partnering with a PEO like GMS can be a wise decision, offering the expertise needed to navigate the intricate landscape of employment law while ensuring that your business thrives and avoids costly legal battles. By prioritizing compliance and inclusivity, you can create a workplace where employees of all backgrounds and abilities can succeed and flourish. Contact us today to learn more!

  • What Happens To FMLA Leave During A Government Shutdown?

    A government shutdown does not suspend an employer’s obligations under the Family and Medical Leave Act (FMLA). Covered employers must continue complying with FMLA requirements, including managing leave requests, maintaining employee benefits, and restoring eligible employees to their positions when they return from protected leave.

    While the law itself remains in effect during a shutdown, employers may face challenges related to government resources, delayed agency responses, and employee concerns about leave administration.

    As shutdown discussions continue to resurface in 2026, employers should understand how FMLA obligations may be affected and what steps they can take to remain compliant.

    What Is The FMLA?

    The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with unpaid, job-protected leave for qualifying family and medical reasons.

    Eligible employees may take FMLA leave for:

    • The birth or adoption of a child
    • A serious health condition
    • Caring for a qualifying family member with a serious health condition
    • Certain military family circumstances
    • Caring for an injured service member

    Employees who qualify for FMLA leave can generally take up to 12 weeks of protected leave within a 12-month period, depending on the qualifying reason.

    Which Employers Must Comply With FMLA Requirements?

    The FMLA generally applies to private employers with 50 or more employees, as well as public agencies and certain educational institutions.

    To qualify for leave, employees must generally:

    • Work for a covered employer
    • Have worked for the employer for at least 12 months
    • Have worked at least 1,250 hours during the previous 12 months
    • Work at a location where the employer meets applicable employee thresholds

    Even during periods of government uncertainty, covered employers remain responsible for administering FMLA leave appropriately.

    Does A Government Shutdown Affect FMLA Compliance Requirements?

    No.

    A federal government shutdown does not eliminate or pause FMLA obligations for covered employers.

    Businesses must continue to:

    • Review leave requests
    • Designate qualifying leave appropriately
    • Maintain required records
    • Continue benefits administration requirements
    • Reinstate eligible employees after protected leave

    Employers should not assume compliance obligations are suspended simply because portions of the federal government have temporarily ceased operations.

    How Can A Government Shutdown Impact Employers Managing FMLA Leave?

    While employers must continue complying with the law, a shutdown may create challenges that affect how employers receive information or support.

    Potential concerns may include:

    Delayed Agency Guidance

    Government agencies may operate with reduced staffing levels during a shutdown, which can affect response times and administrative functions.

    Increased Employee Questions

    Employees may be uncertain about how federal programs or workplace protections could be affected, leading to additional HR inquiries.

    Compliance Uncertainty

    Employers may find it more difficult to obtain clarification regarding complex leave situations while agency staffing is limited.

    This makes it even more important for employers to have clear policies and procedures in place.

    Should Employers Continue Processing FMLA Requests During A Government Shutdown?

    Yes.

    Employers should continue their normal FMLA administration process and evaluate requests according to existing regulations and internal procedures.

    This includes:

    • Determining employee eligibility
    • Reviewing certification requirements
    • Tracking leave usage
    • Maintaining documentation
    • Communicating with employees throughout the leave process

    Consistency is essential for reducing compliance risks.

    How Does FMLA Leave Affect Benefits During A Shutdown?

    Employees on approved FMLA leave generally retain group health insurance coverage under the same terms and conditions as if they had continued working.

    Employers should continue following established procedures for:

    • Health insurance administration
    • Benefit premium collection
    • Employee communications
    • Recordkeeping requirements

    A government shutdown does not change these obligations for covered employers.

    What Documentation Should Employers Maintain For FMLA Leave?

    Documentation plays an important role in FMLA compliance.

    Employers should maintain records related to:

    • Leave requests
    • Eligibility determinations
    • Medical certifications
    • Leave designation notices
    • Employee communications
    • Return-to-work documentation

    Maintaining complete records helps support consistency and reduces risk if leave decisions are later questioned.

    What Are Common FMLA Compliance Mistakes Employers Make?

    FMLA administration can become complicated, particularly during times of uncertainty.

    Common mistakes include:

    Failing To Recognize A Potential FMLA Request

    Employees do not always specifically mention the FMLA when requesting leave. Employers should evaluate requests carefully to determine whether FMLA protections may apply.

    Inconsistent Leave Administration

    Applying leave procedures differently across employees may increase compliance risks.

    Poor Documentation

    Incomplete or missing documentation can make it difficult to support leave decisions.

    Misunderstanding Employee Eligibility

    Eligibility requirements should be reviewed carefully before approving or denying leave.

    Delayed Communication

    Failing to communicate with employees regarding their leave status can create confusion and increase the likelihood of disputes.

    How Can Employers Prepare For Potential Government Shutdown Uncertainty?

    Employers can minimize disruption by ensuring their leave management practices are organized and compliant before challenges arise.

    Best practices include:

    • Reviewing FMLA policies
    • Training managers on leave administration
    • Maintaining accurate employee records
    • Documenting leave decisions consistently
    • Establishing clear communication procedures
    • Working with HR professionals when complex situations arise

    Preparation can help employers navigate uncertainty while maintaining compliance.

    How GMS Helps Employers Manage Leave Administration

    Whether employers are navigating day-to-day leave requests or preparing for potential government uncertainty, FMLA compliance remains a critical responsibility.

    GMS helps businesses manage employee leave, maintain compliance, strengthen HR processes, and reduce administrative burdens. Our experts provide guidance on leave administration, employee relations, payroll, and workforce management so business owners can focus on running their business.

    Contact GMS today to learn how our HR solutions can help your organization navigate FMLA requirements with confidence.

    Frequently Asked Questions

    Can employees use paid time off (PTO) while on FMLA leave?

    Employers may require or allow employees to use accrued paid leave during portions of FMLA leave, depending on company policies and applicable regulations. Businesses should ensure their policies are applied consistently.

    Can intermittent FMLA leave be affected by scheduling changes during a government shutdown?

    Employers should continue administering intermittent leave according to normal FMLA requirements, even if business operations or schedules change due to broader economic or governmental uncertainty.

    Does FMLA leave protect employees from layoffs?

    Not necessarily. Employees on FMLA leave generally receive job protection, but they may still be affected by legitimate workforce reductions or layoffs that would have occurred regardless of their leave status.

    Can an employee take FMLA leave more than once in a year?

    Employees may take FMLA leave multiple times within an employer’s designated 12-month period, provided they remain eligible and have available leave remaining.

  • Michigan employers have faced significant changes in workplace policies over the past several years, particularly as marijuana laws continue to evolve.

    One notable change took effect on October 1, 2023, when Michigan stopped allowing many state job offers to be rescinded solely because an applicant tested positive for marijuana during pre-employment screening. The change reflects shifting attitudes toward marijuana use and aligns employment practices with Michigan’s broader legalization efforts.

    While this policy change creates new opportunities for many job seekers, it does not eliminate workplace drug policies or prevent employers from maintaining safety-focused hiring and employment practices.

    Understanding what changed and how it may affect employers can help businesses remain compliant while continuing to prioritize workplace safety.

    Key Takeaways

    • Michigan implemented changes that prohibit many state job offers from being withdrawn solely due to a positive marijuana test result.
    • The change primarily affects positions that are not subject to random drug testing.
    • Safety-sensitive positions remain subject to marijuana testing requirements.
    • Employers can still enforce workplace drug and impairment policies.
    • Businesses should regularly review hiring, drug testing, and workplace safety policies to ensure compliance with changing regulations.

    What Changed in Michigan’s Marijuana Screening Rules?

    The Michigan Civil Service Commission adopted a rule that prevents conditional job offers for many state positions from being revoked solely because an applicant tests positive for marijuana.

    The policy applies to positions that are not subject to random drug testing requirements and are not classified as safety-sensitive roles.

    The change reflects Michigan’s evolving approach to marijuana use following the legalization of recreational marijuana and growing public acceptance of its use outside the workplace.

    Does Michigan’s Rule Eliminate Workplace Drug Testing?

    No.

    One of the most common misconceptions is that Michigan eliminated workplace drug testing altogether.

    The rule change specifically addresses certain pre-employment screening practices and does not prohibit employers from maintaining workplace drug policies.

    Employers may still implement policies designed to:

    • Maintain workplace safety
    • Address on-the-job impairment
    • Meet industry-specific requirements
    • Comply with federal regulations
    • Protect employees, customers, and the public

    Businesses should carefully evaluate their workplace policies based on their industry, workforce, and compliance obligations.

    Which Positions Are Still Subject to Marijuana Testing?

    Michigan’s new approach does not apply to every position.

    According to the state’s policy, safety-sensitive and critical positions remain subject to marijuana screening requirements. These may include roles involving:

    • Certain vehicle operations
    • Equipment operation
    • Machinery operation
    • Law enforcement responsibilities
    • Healthcare services
    • Correctional and prison-related work

    The primary goal is to balance evolving employment practices with workplace and public safety concerns.

    Can Employers Still Discipline Employees for Marijuana Use?

    Yes.

    The rule change does not permit employees to use marijuana freely in situations that create workplace safety concerns.

    Employees are still expected to perform their jobs safely and responsibly. Employers may continue to enforce policies related to workplace impairment, misconduct, and safety violations. If an employee is impaired while working, disciplinary action may still be appropriate based on company policies and applicable regulations.

    For employers, the distinction is important. The change focuses on certain pre-employment screening outcomes, not workplace impairment or performance standards.

    Why Did Michigan Make This Change?

    Michigan’s decision reflects broader shifts occurring throughout the country regarding marijuana laws and employment practices.

    As marijuana legalization becomes more common, policymakers and employers have increasingly questioned whether off-duty marijuana use should automatically disqualify an otherwise qualified candidate from employment opportunities.

    The Michigan Civil Service Commission’s action recognizes that a positive marijuana test result does not necessarily indicate workplace impairment or an inability to perform the job safely, particularly for positions that are not considered safety-sensitive.

    What Should Employers Do Now?

    As marijuana laws continue to evolve, employers should periodically review workplace policies to ensure they remain aligned with current regulations and business needs.

    Key areas to review include:

    Hiring Policies

    Determine whether current screening processes align with applicable state and industry requirements.

    Drug Testing Programs

    Evaluate which positions require drug testing and whether those requirements remain necessary and legally compliant.

    Workplace Safety Policies

    Ensure policies clearly address impairment, safety violations, and employee responsibilities.

    Manager Training

    Managers should understand how to apply workplace policies consistently and recognize situations involving potential impairment concerns.

    Employee Communication

    Clearly communicate expectations regarding workplace conduct, safety, and substance use policies.

    How a PEO Can Help Michigan Employers Navigate Changing Laws

    Employment regulations rarely stand still.

    From drug testing policies to wage laws and workplace safety requirements, employers must continually adapt their processes to remain compliant.

    A Professional Employer Organization (PEO) can help businesses:

    • Review workplace policies
    • Support HR compliance efforts
    • Provide guidance on employee relations issues
    • Assist with hiring and onboarding processes
    • Help develop safety-focused workplace programs

    For many employers, having access to HR and compliance expertise can make it easier to adapt as workplace regulations continue to evolve.

    Navigating Michigan’s Changing Employment Landscape

    Michigan’s marijuana screening changes represent another example of how employment laws continue to shift alongside broader societal changes.

    While the policy creates additional opportunities for some job applicants, employers still have an obligation to maintain safe workplaces and comply with applicable regulations.

    By regularly reviewing workplace policies and seeking expert guidance when needed, employers can better position themselves to adapt to evolving legal requirements while protecting their business operations.

    Need help reviewing your HR policies and compliance practices? Contact GMS to learn how our HR, payroll, risk management, and compliance solutions can support your business.

    Frequently Asked Questions

    Can Michigan employers still drug test job applicants?
    In certain situations, yes. Drug testing policies may vary based on the employer, industry requirements, job responsibilities, and applicable regulations. Michigan’s rule change primarily affects certain state employment positions. 
    Can employers prohibit marijuana use while employees are working?
    Yes. Employers may continue to enforce workplace policies related to safety, impairment, and employee conduct.
    How should employers update their drug testing policies?

    Employers should review their policies regularly, evaluate current legal requirements, and ensure workplace expectations are clearly communicated to employees.

    Why are marijuana workplace policies becoming more complex?

    As state laws continue to evolve, employers must balance compliance obligations, workplace safety, hiring goals, and employee relations considerations, making policy development increasingly important.

     

  • In a significant stride towards ensuring worker rights and job security, New Jersey Governor Philip Murphy signed Assembly Bill 4682 into law. This groundbreaking legislation, set to take effect on October 22nd, introduces a host of employment protections aimed at safeguarding the interests of specific “service employees” during ownership changes. This legislation is poised to bring about transformative changes in the landscape of employment rights within the state.

    Defining Service Employees

    Under the provisions of this new law, a “service employee” is clearly defined as an individual employed or assigned to a covered location for at least 60 days. It excludes managerial or professional employees and those regularly scheduled for less than 16 hours per week. The scope of the law covers various occupations, including:

    1. Care and maintenance of buildings or properties
    2. Passenger-related security services at airports
    3. Food preparation services at educational institutions 

    It also excludes individuals involved in construction projects requiring municipal permits. 

    Covered Locations

    The law applies to specific covered locations, whether publicly or privately owned. These include the following: 

    • Multifamily residential buildings with more than 50 units
    • Large commercial centers or office complexes
    • Schools and institutions
    • Cultural centers
    • Industrial sites
    • Airports
    • Hospitals
    • State courts
    • Distribution centers

    Key Provisions 

    This new law introduces several crucial changes to employment practices:

    1. Transition period: It reduces the transition period from 90 to 60 days, during which a successor employer must retain affected service employees at a covered location. 
    2. Just cause requirement: A successor employer cannot discharge a retained service employee without just cause during the 60-day transition period. 
    3. Notification: Covered entities must provide written notice to service employees, collective bargaining representatives, and affected work sites 15 days before terminating a service contract or selling/transferring property. 
    4. Successor employer obligations: Successor employers must make a written offer of employment to affected service employees, retain them for 60 days or until the service contract is terminated (whichever is earlier), and adhere to seniority-based retention and preferential hiring. 
    5. Collective bargaining agreement exception: If a successor employer agrees to the collective bargaining agreement of the awarding authority or contractor before the service contract termination, this law does not apply. 

    Enforcement And Penalties 

    Employers should take note of the significant penalties associated with non-compliance. Violations may result in fines of up to $2,500 for the first offense and up to $5,000 for subsequent violations. Each week of violation is considered a separate offense.

    Compliance And Employment Law Expertise

    For small businesses navigating the complex landscape of New Jersey’s evolving labor laws, the role of a professional employer organization (PEO) becomes increasingly vital. As the state ushers in these progressive employment protections, PEOs offer a lifeline to businesses by providing expert guidance and support in ensuring compliance. By partnering with a PEO, small businesses can leverage the collective expertise and resources to seamlessly manage the intricacies of employment law, including the newly established protections for service employees. With a PEO like GMS by your side, businesses can confidently navigate these changes while focusing on what they do best – driving growth and success in New Jersey’s dynamic business environment. Contact us today to learn more!

  • In an era of relentless job market transformations, the U.S. Equal Employment Opportunity Commission (EEOC) is expanding a roadmap for 2024-2028. Their recently unveiled Strategic Enforcement Plan (SEP) emphasizes their commitment to safeguarding the rights of American workers, particularly in the face of new challenges brought about by artificial intelligence (AI), pregnancy-related issues, and the long-lasting effects of COVID-19.

    A Fresh Perspective On Discrimination

    The updated SEP is not just business as usual; it represents a forward-thinking approach to addressing employment discrimination. The following is what you need to know about the EEOC’s strategic priorities:

    1. Tackling discrimination head-on: The EEOC will focus on discrimination, bias, and hate directed against religious minorities, racial or ethnic groups, and LGBTQ+ individuals. This commitment underscores the agency’s dedication to ensuring equal opportunities for all.
    2. Expanding the safety net: The agency aims to expand the vulnerable and underserved worker priority to encompass more categories of workers who may be unaware of their rights or historically underserved by federal employment discrimination protections. This shift promises to extend protection to those who need it most.
    3. Adapting to new challenges: The SEP recognizes the need to address emerging issues, including pregnancy, childbirth, and related medical conditions, the long-term effects of COVID-19 symptoms, and technology-related employment discrimination. As technology plays a pivotal role in hiring processes, the EEOC is poised to safeguard workers from AI-driven biases.
    4. Advancing workplace diversity: The underrepresentation of women and workers of color in specific industries remains a concern. The EEOC plans to spotlight these disparities in sectors such as construction, manufacturing, finance, and technology.
    5. Technology and the workplace: Acknowledging the increasing use of technology, especially AI and machine learning, in recruitment and hiring, the EEOC will ensure that these tools do not perpetuate discrimination but promote fairness and inclusivity.
    6. Protecting legal rights: The EEOC is committed to preserving access to the legal system. This includes addressing overly broad waivers, releases, nondisclosure agreements, or non-disparagement agreements that might restrict workers’ ability to seek remedies for civil rights violations.

    A Collaborative Approach

    The SEP isn’t just about enforcing compliance; it’s about fostering a collaborative environment. It encourages employers to proactively identify and remove barriers to equal employment opportunity. This means cultivating diverse talent pools, dismantling obstacles to progress, and creating inclusive workspaces.

    Informed By The People

    The EEOC didn’t arrive at these strategic priorities alone. They hosted three listening sessions, engaging with nearly three dozen representatives from various backgrounds, including civil rights and workers’ rights organizations, employers, HR professionals, and legal experts. This inclusive approach ensures that the SEP reflects the concerns and experiences of those directly affected by workplace discrimination.

    A Two-Pronged Approach

    The SEP works hand in hand with the EEOC’s overarching strategic plan. Together, they create a comprehensive framework for advancing the agency’s mission. This includes increasing accessibility to the public, enhancing training and resources for investigations, and focusing on key areas such as sexual harassment, pay discrimination, and the impact of AI in the workplace.

    EEOCs And PEOs

    As we navigate the complex terrain of evolving workplaces, it’s essential to recognize the pivotal role that a professional employer organization (PEO) can play in this transformative landscape. PEOs like GMS offer a strategic partnership, providing businesses with the expertise needed to navigate compliance, HR challenges, and the nuances of an ever-changing employment landscape. By leveraging the power of GMS alongside the EEOC’s vigilant efforts, we can pave the way for workplaces that are not only compliant with the law but also truly inclusive, diverse, and equitable. Together, we can march forward, ready to face the challenges of AI, pregnancy-related issues, and the long-term effects of COVID-19 with unwavering determination, knowing that the EEOC and PEOs stand as guardians of workplace equality and justice. Contact us today to learn more.

  • Let’s face it: productivity won’t see improvement through punitive measures or stricter policies; in fact, these approaches may be counterproductive to your goals. We live in an age where job-hopping and quiet quitting are the most prevalent trends among the U.S. workforce. Proactively addressing these challenges is not only necessary to maintain current productivity levels but also to enhance them.

    Research shows a direct correlation between employee well-being and productivity. This means that by nurturing a workplace culture that prioritizes the health and wellness of your employees, you can expect an enhancement of your business’s productivity levels.

    How Employee Well-Being Impacts Your Business

    Employee well-being has a direct impact on your bottom line. It impacts employee engagement, retention, and productivity and encompasses many factors within the work environment. These factors range from health and safety to work culture, work-life balance, and overall job satisfaction.

    While the primary responsibility lies with you as an employer to establish the tone and formulate policies that promote your staff’s well-being, it’s equally important that every member of your team actively contributes to creating a healthy workplace culture. Prioritizing and investing in employee happiness and health can yield substantial benefits across the board, ultimately strengthening your organization’s performance and financial outcomes.

    Guiding Principles

    If you’re aiming to create a positive impact, launching a wellness initiative, when thoughtfully implemented, can be a significant step forward. Choosing what to include and which areas to focus on can take time and effort. However, a few principles should form the foundation of whatever strategies you choose to adopt:

    • Prioritizing physical health
    • Promoting mental health
    • Addressing financial stability

    These core ideas can serve as a compass to guide your efforts in improving your team’s well-being. 

    Physical health

    Exercise has a positive impact on employee productivity, aids in fostering creative thinking, and enhances problem-solving abilities. Research shows that employees who engage in moderate exercise, such as walking or bike riding, tend to produce higher-quality work and perform better than those who don’t.

    Prioritizing physical health within your organization doesn’t mean pushing everyone to run a marathon. Instead, it involves implementing programs encouraging physical fitness and healthy eating, which can significantly contribute to your team’s overall well-being. These programs may include offerings such as gym memberships and nutrition and wellness courses.

    GMS’ metabolic wellness program offers an excellent solution for business owners seeking to support their employees in adopting a more active and healthier lifestyle. This program is rooted in science and offers personalized dietary guidance and temporary supplementation to assist individuals in cultivating healthier habits. With the added benefit of weekly one-on-one sessions with medical practitioners, tailored meal plans, access to educational resources, and a supportive community, your employees will be well-equipped to achieve their fitness objectives.

    Mental health

    More than 15% of working-age adults live with a mental health disorder. These disorders can vary in severity but substantially impact employee productivity, absenteeism, and overall capacity. According to the World Health Organization, depression and anxiety alone result in the loss of an astounding twelve billion working days every year. While addressing mental health is not solely the responsibility of employers, offering initiatives such as employee assistance programs (EAPs) or counseling services can be a valuable and supportive step toward promoting employee well-being.

    Safeguarding mental health also includes developing and executing policies that empower employees to seek assistance or report issues impacting their work, such as resource shortages, inappropriate workplace conduct, or harassment. By implementing these policies and procedures, you can directly influence the overall health of your workplace culture, which in turn greatly benefits the mental well-being of your employees. In fact, research has shown that a healthy workplace culture is associated with higher engagement and lower stress and depression levels.

    Financial health

    Employees facing financial stress are more inclined to seek alternative employment opportunities, have a higher likelihood of experiencing accidents, and tend to take more sick days. These factors can lead to financial repercussions for your organization and decrease employee morale and well-being.

    To effectively address this, it’s essential to offer competitive compensation packages that encompass salaries and benefits adequately reflecting the market value of your staff’s skills and contributions. Regularly reviewing and making necessary adjustments to these packages demonstrates your commitment to their financial stability.

    Additionally, consider tools like FinFit. FinFit provides a comprehensive suite of products, resources, and tools designed to help individuals establish financial stability within their households. Their platform offers early wage access and emergency funding options, along with a wealth of educational resources, personalized coaching, and budgeting tools. These services empower individuals to proactively prepare for the future and create a financial safety net to handle unexpected crises, ultimately reducing stress and enhancing their overall economic well-being.

    Principles In Practice

    There are many different strategies you could implement to improve your staff’s well-being. However, it’s best to gather your team’s input to pinpoint your specific company’s needs. In the meantime, the following are a few ideas to help get you started:

    • Offer manager training. Managers play a significant role in the health and wellness of your staff. Managers impact employee mental health 69% more than doctors or therapists. Providing resources to leadership development programs is essential for equipping managers with the necessary skills to effectively lead and inspire their teams. By fostering strong leadership capabilities, organizations can enhance team performance, employee engagement, and overall productivity, resulting in a more thriving and resilient workforce.
    • Offer flexible work. In light of the evolving workforce, it’s essential to acknowledge that many employees now place a high value on flexibility. Providing alternatives such as remote work, flexible scheduling, or compressed workweeks can positively impact job satisfaction and contribute to higher employee retention rates.
    • Promote work-life balance. Since the COVID-19 pandemic, many companies have adopted remote and hybrid work styles. While this marks progress toward fostering a flexible work culture, it also means more employees have access to work at home and may be tempted (or asked) to work during off hours or while they’re technically out of the office. Thus, it is equally crucial to prioritize promoting a healthy work-life balance. Encouraging employees to maximize their breaks, utilize their vacation time, and unplug from work during their off-hours not only nurtures their well-being but also cultivates lasting job satisfaction and fosters loyalty to the organization.
    • Ensure clear and manageable workloads. Similar to work-life balance, ensure your staff understands their role and responsibilities. Studies indicate that employees experiencing workplace stress often report it affecting their home life (71%) and overall well-being (64%). While occasional anxiety is inevitable, and periods of heavier workloads may necessitate adaptability and ambiguity, it’s crucial not to normalize this as an everyday aspect of your organizational culture and workflow. Striking a balance between clear expectations and the flexibility to navigate challenging times is vital to fostering a sustainable and healthy work environment.
    • Prioritize inclusivity. An inclusive culture fosters a sense of belonging among employees and taps into the collective wisdom of individuals from various backgrounds and experiences. This diversity of thought and perspective can lead to more innovative problem-solving, improved decision-making, and, ultimately, heightened productivity within your organization.

    Telemedicine Saves You Time And Money

    Healthy employees are good for every business. Telemedicine gets employees in contact with doctors for a free consultation, helping them avoid time-consuming visits to the doctor or unnecessary trips to the emergency room (ER). As part of our premier employee benefits administration services, GMS helps employers by offering telehealth services through Teladoc. Telemedicine saves you and your employees valuable time and money through prompt, convenient access to licensed physicians based right in the U.S.

    Affordable, convenient health care consultations with licensed physicians are only a phone call or mouse click away through Telehealth. Contact us today and start investing in your team!

  • In the realm of California’s employment regulations, evolution is the name of the game. As of October 1st, 2023, California employers are gearing up for a significant shift in their background check and criminal history review process, thanks to the updated Fair Chance Act (FCA) regulations. If you’re an employer in California, it’s time to prepare for these new compliance obligations that could reshape how you approach hiring and make a fairer job market for everyone.

    A Glimpse Into The Fair Chance Act

    To fully grasp the significance of these changes, let’s take a step back. The California Fair Chance Act originally took effect in 2018, aiming to level the playing field for job applicants with a criminal history. It laid down the law that employers couldn’t inquire about an applicant’s criminal history until after extending a conditional offer of employment. If an employer contemplated denying an applicant based on their criminal record, they were required to conduct an individualized assessment.

    This assessment considered several key factors:

    1. The nature and gravity of the offense of conduct: How severe was the offense or conduct in question? 
    2. Time passed since the offense: Consideration of how much time had elapsed since the offense or the completion of the sentence.
    3. Nature of the job: The specifics of the job itself – was it related to the applicant’s past offense? 

    The Winds Of Change – Effective October 1st, 2023

    However, the winds of change are blowing, and the FCA is evolving. As of October 1st, 2023, employers must adapt to several important amendments to the FCA.

    Expanding the scope: The term “applicant” no longer solely applies to those actively seeking a job within a company. It now encompasses employees undergoing background checks during significant changes such as ownership, management transitions, or shifts in policy.

    Broadening the definition: The term “employer” now encompasses not only direct employers but also those acting as agents or evaluating criminal histories on behalf of an employer. This includes staffing agencies and entities tapping into worker availability lists.

    Advertisement restrictions: Employers are now forbidden from stating in job ads, postings, or applications that individuals with criminal histories won’t be considered for hire.

    Voluntary disclosure: Even if an applicant voluntarily offers information about their criminal history before receiving a conditional offer, the new regulations emphasize that employers still cannot consider such information.

    A Deeper Dive Into The Assessment Factors

    The updated regulations provide a more extensive list of sub-factors that employers must consider as part of the individualized assessment. These factors include:

    • Degree of harm caused
    • Context of the offense
    • Impact of disability or trauma
    • Age of the applicant at the time of the offense

    Requesting information

    Recognizing that most of this information isn’t readily available, employers can request it from individuals with criminal histories. However, it’s crucial to note that you cannot require this information; it’s entirely voluntary.

    The waiting period

    After sending a pre-adverse action letter, employers must wait at least five business days before making a final decision. Be aware of varying timeframes based on the method of delivery.

    Rehabilitation and mitigating circumstances

    Under the FCA, employers must consider evidence of rehabilitation and mitigating circumstances. The new regulations outline a broad list of examples employers should consider, underscoring the importance of second chances.

    Preparing For Change

    As the clock ticks toward October 1st, California employers must prepare for these shifts in the FCA. Begin by revising your background check policies for compliance and ensuring all individuals involved in the applicant screening and background check process are educated about these changes.

    These changes aren’t just about legal compliance; they represent a significant step towards a more inclusive and equitable job market. Embracing these shifts ensures you’re on the right side of the law and fosters a culture of fairness and opportunity in your workplace.

    An Alternative Solution

    In the evolving landscape of California’s employment regulations, adapting to the FCA updates is necessary for every conscientious employer. While the law sets forth essential guidelines for fair hiring practices, it also presents challenges in terms of compliance.

    An alternative solution that businesses can consider, especially when dealing with the intricacies of background checks and criminal history assessments, is partnering with a professional employer organization (PEO). PEOs like GMS specialize in HR and employment-related matters, providing comprehensive support that includes navigating complex regulations, managing compliance, and streamlining the hiring process. Partnering with GMS allows business owners to ensure they meet the requirements of the FCA while focusing on their core operations, ultimately fostering a more inclusive and equitable workplace. Contact us today!

  • As year-end approaches, it’s vital to start thinking about how you will tackle 2024. With your employees being your biggest asset, supporting their success should always be a priority. Investing in your team starts with your employee onboarding process.

    Implementing an onboarding program can be challenging, especially if you’re building one from scratch. However, it’s well worth the time and energy, as 69% of employees are more likely to stay with a company for at least three years if they have a positive onboarding experience. Hiring is a lengthy and costly process that places a strain on your existing team, which may be stretched thin due to staff shortages. This strain puts pressure on your hiring team to fill the role(s), which can lead to a rushed hiring process and potential bad hires, costing your business in the long run.

    Taking the time to build a thorough and effective onboarding process can help with your attrition rates, boost morale, and increase engagement rates. Constructing a roadmap for at least the first three months can help your employees get acclimated to the company culture and their job responsibilities to set them up for success.

    The Importance Of 30-60-90-Day Reviews

    A 30-60-90 day plan is a set of objectives for new employees to achieve in their first 30, 60, and 90 days on the job. It entails the high-level priorities, actionable goals, and metrics you’ll use to measure success in those first three months. This plan aims to make the transition into the new role easier and gives your employees a sense of direction in a confusing and stressful time. In addition, it allows managers to set expectations and monitor progress during the first few months. In summary, the benefits of a 30-60-90 plan include:

    • Help optimize productivity
    • Set clear expectations 
    • Assist with goal-setting
    • Alleviate the new job nerves
    • Empower employees to self-manage their work
    • Serve as a reminder of priorities

    GMS’ Director of Human Resources Lisa Dassani shares, “30-60-90-day reviews allow employees to reflect on their first 90 days and give them a chance to ask questions about their position. Managers may use this time to clarify expectations and learn about the training needs of each employee. These check-ins help to set the employee up for future success at your company.”

    How To Structure Performance Reviews

    Each performance review should have clearly defined objectives communicated to your staff in advance. During the review process, fostering collaboration rather than a one-sided conversation is essential. To achieve this, you and your team should prepare a short list of questions to facilitate a constructive dialogue.

    Furthermore, your company should place a strong emphasis on reflection and future goal setting during these reviews. You should understand that employees may feel anxious about each review, as it often serves as their probationary period. Assure them that expecting them to operate at 100% capacity from day one is unrealistic. Instead, focus on providing constructive feedback regarding areas for improvement while emphasizing that the first three months are primarily about learning the role and becoming acclimated to the organizational culture.

    How To Create A 30-60-90 Plan

    If you currently conduct 30-60-90-day plans for your employees, great! By following the steps below, you can ensure that you’ve taken every possible measure to provide an efficient onboarding process. However, if your business has not yet implemented a 30-60-90 plan, use the following tips to guide you in creating your plan:

    1. Clarify short and long-term priorities

    The first step determines the expectations of your new hire. What do they have to accomplish in each phase? What will you do as their manager to help them succeed? Completing this step as early as possible is essential to set your team up for success.

    2. Set an objective for each phase

    There are three stages: the first 30 days, days 31 to 60, and days 61 to 90. The first 30 days are all about learning — which is typically very intensive and hands-on. This is the phase where you introduce the new hires to tools and projects and set small goals for them to achieve.

    The second phase focuses more on role-specific duties and eases off training. This is when your employees take on more responsibilities and implement what they learned in the first phase.

    The final stage is when employees gain more independence in their roles. As their manager, you hold them accountable for their work and encourage them to accomplish projects with limited guidance from you. Employees should be able to take what they’ve learned in the first two phases and apply it to their work.

    3. Fill in the details

    Once the main objectives are in place, and your new hire understands what they need to do within their first 90 days, determine how they will achieve these objectives. Work with your staff to create SMART goals. At each review, assess their progress and help make adjustments as needed. Offer guidance and connect them with more experienced peers to assist in their growth.

    You want your employees to succeed from the start because it not only makes you look like a suitable leader but also helps your business succeed. Creating a thorough onboarding process that includes a 30-60-90-day review allows your employees to understand their progress and integration. It also allows you to ensure each new team member is a positive addition to your staff. This structured approach not only facilitates smoother transitions for new hires but also enhances the likelihood of retaining and nurturing excellent talent, which is pivotal for your company’s growth and success.

    Get Started Today!

    As HR professionals at GMS, we understand how challenging it is to create an efficient onboarding process that benefits you and your new hires. Performance management allows you to set clear goals and expectations for each employee and provide feedback about their performance related to those goals. Furthermore, it plays a pivotal role in shaping decisions related to identifying training requirements for your team, recognizing team members deserving of promotions, and addressing any necessary personnel actions, including terminations when warranted.

    Performance management is also valuable to your employees as it can offer opportunities for them to grow within your organization and advance their careers. GMS’ performance review system provides:

    • Consistent feedback 
    • Employee development
    • Goal setting
    • Tracking and documentation 
    • Reporting
    • Customizable email templates and calendar invitations 
    • Training, implementation, and more

    Contact us today to get started!