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  • In a resounding vote of 34-1, the California Senate has taken a historic stride towards furthering anti-discrimination laws by considering the protection of caste within its legal framework. Senate Bill 403, once a proposal to introduce caste as a distinct category of protected characteristics, has evolved to redefine the boundaries of ancestry within the state’s anti-discrimination statutes. This legislative move is not only a leap for California but could potentially ignite a nationwide movement against caste-based discrimination.

    Understanding Caste

    Caste, a complex system of hereditary classes deeply rooted in certain societies and cultures, is a topic both intricate and sensitive. Its impact resonates across ethnic, linguistic, and religious divides, making the California Senate’s decision to consider its legal protection an undeniable call for societal transformation. The concept has been in the U.S. since at least the mid-1960s when more immigrants arrived from South Asia. Individuals in the lowest social and religious class were long called “untouchables.”

    At work, individuals in lower castes say those in higher castes give them less pay, fewer promotions, and tougher assignments. In social settings, caste can limit relationships and marriages and lead to isolation. In the most extreme cases, it has led to harassment or even violence.

    What Would This Bill Do?

    Senate Bill 403 would add caste as a legally protected category to the state Unruh Civil Rights Act, the California Fair Employment and Housing Act, and the state anti-discrimination policy in public schools. The bill bans discrimination based on caste, whether the person is in a high or low position.

    Since California has expanded protections to other disadvantaged groups, and discrimination based on caste is becoming increasingly common, businesses and schools need clarity on what the state law requires.

    The Evolution Of Senate Bill 403

    Initially, the bill proposed the inclusion of caste as a standalone safeguard against discrimination. However, a significant amendment on July 10th, 2023, saw caste incorporated into the definition of ancestry, reaffirming its connection to an individual’s perceived place within a social stratification system based on inherited status. This amendment underscores California’s commitment to building on existing anti-discrimination laws rather than crafting entirely new avenues of protection.

    While the immediate scope of the bill centers around employment practices within California, its implications resonate far beyond state lines. This pivotal moment could inspire other jurisdictions to follow suit, thus reshaping the anti-discrimination landscape on a broader scale. Employers nationwide should recognize the potential transformation of the legal and social framework surrounding caste-based discrimination.

    The bill’s measured approach, abstaining from naming specific countries or regions where caste systems originate, speaks to a profound commitment to addressing this issue globally. This stance aims to eliminate discrimination regardless of an individual’s country of origin, championing unity in the face of cultural diversity.

    Behind this legislative drive lies the undeniable urgency to combat caste-based discrimination, a concern that transcends borders. Spearheaded by State Senator Aisha Wahab, Senate Bill 403 signifies a commitment to fostering a more inclusive society free from the shackles of caste prejudice. As the United States continues to evolve into a mosaic of cultures and identities, acknowledging and dismantling caste-based discrimination only grows more critical.

    Seattle’s Precedent And Nationwide Impact

    Seattle’s precedent-setting inclusion of caste in its list of protected categories was the first domino to fall, prompting discussions and actions nationwide. As the California Senate makes bold strides, other states and institutions contemplate similar measures. The echoes of this legislative movement have reached the halls of Oregon and Vermont, with universities nationwide championing policies against caste-based discrimination.

    Workplace Transformation: Implications For Employers

    As this issue comes under the spotlight, some argue that existing protected classes could sufficiently cover caste-based discrimination. Senate Bill 403’s nuanced inclusion of caste within the ancestry category reflects a thoughtful approach that honors the unique nature of this complex issue.

    For California employers, the potential enactment of Senate Bill 403 would necessitate a thorough evaluation and revision of policies and training programs. Employers would contribute to a more inclusive and equitable workplace environment by integrating caste discrimination discussions into equal employment initiatives.

    Navigating the intricacies of caste-based discrimination demands sensitivity and expertise. Employers must acknowledge the complexities, including the potential pitfalls of identifying specific regions as origins of caste, which could inadvertently exacerbate discrimination.

    How PEOs Navigate California’s Changing Landscape

    As the journey towards a caste-discrimination-free society gains momentum, California’s resolute stance sets an inspiring example. For businesses in the state, the evolving legal framework and sensitivities surrounding caste protection can present unique challenges. In such a transformative time, partnering with a professional employer organization (PEO) becomes a strategic move for business owners. PEOs like GMS offer HR expertise and a deep understanding of the shifting legislative landscape.

    With our guidance, businesses can navigate the complexities of integrating caste-discrimination discussions into policies and training programs, fostering a workplace that embraces diversity and equity. As California forges ahead on this path of progress, GMS stands ready to empower business owners with the knowledge and tools to champion inclusivity, ensuring this change reaches every corner of the workplace. Interested in learning more? Contact us today.

  • As temperatures continue to rise, the impact of heat on indoor workspaces has prompted California regulators to take action. The Cal/OSHA Standards Board proposal to introduce a comprehensive heat illness standard for indoor work areas triggered at 82 degrees Fahrenheit has sparked discussions and debates among employers, especially those operating in warehouses, distribution centers, and manufacturing plants. While the proposal presents significant challenges, a recent revision released on August 4th, 2023, brings some relief for employers by addressing concerns and providing more practical solutions. Continue reading to explore the intricacies of the proposed standard, the challenges it poses, and the positive changes introduced in the latest revision.

    Understanding The Proposed Standard

    The Cal/OSHA Standards Board proposed indoor heat illness standard aims to ensure the safety and well-being of employees working indoors when temperatures reach 82 degrees Fahrenheit. If adopted, this standard will necessitate a range of measures employers must take to prevent heat-related illnesses among their workforce.

    Key Requirements Of The Proposed Standard 

    1. Written prevention program: Employers must establish and maintain a written indoor heat illness prevention program detailing procedures for water access, cool-down areas, and emergency response measures. 
    2. Training: Effective training on heat illness prevention will be mandatory for employees and supervisors. 
    3. Cool-down areas: Access to cool-down areas maintained below 82 degrees, protected from direct sunlight and radiant heat, will be required. 
    4. Additional rest periods: Encouraging and monitoring employees to take preventive cool-down rest periods during high-temperature periods will be essential. 
    5. Observation obligation: Close observation of new employees during a 14-day acclimation period and monitoring employees during heat waves without effective engineering controls will be necessary. 

    Challenges Presented By The Proposed Standard

    1. Temperature monitoring and control: One of the major hurdles for employers will be measuring the temperature and heat index at specific thresholds. Temperature readings must be taken when the threshold is suspected to be met and when it’s expected to be 10 degrees higher than previous measurements. 
    2. Hierarchy of control measures: The strict hierarchy of control measures presents a complex challenge. Employers must prioritize engineering controls, then administrative controls, and if neither is feasible, provide personal heat-protective equipment. 

    Recent Revisions: A Breath Of Relief For Employers

    Recognizing the concerns raised by stakeholders, the August 4th, 2023 revision of the proposed standard offers several improvements that alleviate some of the compliance burdens.

    1. Short-duration exception: The revision includes an exception for indoor work areas where employees spend less than 15 minutes in any one-hour period, as long as the location isn’t usually occupied. This addresses the worry of applying the rule to brief indoor activities such as equipment retrieval.
    2. Compliance for outdoor-indoor transition: Employers no longer have to comply with two separate heat illness rules when employees transition between indoor and outdoor work, simplifying compliance efforts.
    3. Clothing-specific control triggers: For employees wearing heat-restrictive clothing, the trigger temperature for control measures is lowered to 82 degrees. Exceptions are provided for clothing materials that are air and water-vapor permeable.
    4. Feasibility exception for cool-down areas: The revision acknowledges feasibility challenges, making it more practical for employers to provide shaded and radiant-heat-shielded cool-down areas.
    5. Training integration: Employers can integrate indoor heat illness training with existing outdoor heat illness training, streamlining the education process.

    Simplifying Compliance Through Expertise

    Amidst the changing landscape of workplace regulations, small businesses in California are confronted with the dual challenge of ensuring compliance with the proposed indoor heat illness standard while maintaining operational efficiency. This is where a professional employer organization (PEO) emerges as a strategic partner. A PEO like GMS provides comprehensive HR solutions that encompass the complexities of the new heat illness regulations and a range of employment-related tasks.

    From drafting and implementing the required written prevention programs to conducting employee training, a PEO can alleviate the administrative burden on small businesses. By partnering with GMS, businesses can confidently navigate the evolving regulatory landscape, allowing them to focus on what truly matters: fostering a safe and productive work environment for their employees. As the indoor heat illness standard journey continues, the role of a PEO becomes increasingly vital, ensuring that small businesses remain compliant, competitive, and caring employers. Contact us today to learn more.

  • The safety and well-being of workers are paramount in any industry, but it’s especially crucial in high-risk sectors such as construction. However, recent incidents have highlighted the need for stricter adherence to safety standards. In this regard, the U.S. Occupational Safety and Health Administration (OSHA) has taken stern action against Houston-based Sonny Steel Erectors Inc. for exposing their workers to serious hazards by neglecting to provide proper fall protection systems.

    The Case Of Sonny Steel Erectors Inc.

    Earlier this year, OSHA inspectors discovered a situation at a steel building construction site in Cypress, Texas. Sonny Steel Erectors Inc. employees were found to be working at elevated heights without the necessary fall protection. Consequently, OSHA cited the company for one serious violation, one willful violation, and one repeat violation. The severity of these violations is compounded by the fact that the company had previously been cited for similar safety breaches in 2019, 2020, and 2022. Moreover, a deeper investigation revealed that the contractor had failed to address hazards associated with violations dating back to 2011. As a result of these violations, OSHA proposed penalties totaling $266,416.

    The Importance Of Proper Fall Protection And Training

    The incident involving Sonny Steel Erectors Inc. highlights the importance of comprehensive fall protection systems and adequate training for workers engaged in construction activities. The following are key reasons why prioritizing fall protection and training is essential:

    Worker safety 

    The most compelling reason for implementing proper fall protection measures and training is to ensure the safety of construction workers. Falls from elevated heights are one of the leading causes of serious injuries and fatalities in the construction industry. By providing appropriate fall protection equipment and training, employers can significantly reduce the risk of accidents and protect their workforce from harm.

    Legal compliance

    OSHA regulations mandate that employers must provide a safe working environment for their employees. This includes implementing fall protection systems when workers are exposed to potential fall hazards. Failure to comply with these regulations endangers workers and exposes the company to substantial penalties, as demonstrated in the case of Sonny Steel Erectors Inc.

    Enhanced productivity

    Ensuring proper fall protection and training isn’t just about meeting regulatory requirements; it can also improve productivity. When workers feel safe and confident in their work environment, they are more focused and motivated, resulting in increased efficiency and quality of work.

    Reputation and client trust

    Companies with a strong commitment to worker safety and compliance tend to build a positive reputation within the industry. Clients are more likely to trust and hire contractors who prioritize safety, leading to enhanced business opportunities and long-term partnerships.

    Long-term cost savings

    While investing in fall protection systems and training may seem like an added expense, it pales compared to the potential costs associated with workplace accidents. Injuries can result in medical expenses, workers’ compensation claims, legal fees, project delays, and damage to equipment. Companies can avoid these substantial costs by preventing accidents through proper safety measures.

    Collaborate With PEOs For Optimal Protection

    In the dynamic landscape of the construction industry, ensuring the safety of workers through robust fall protection measures and comprehensive training is an ethical necessity and a strategic advantage. Businesses looking to fortify their commitment to worker safety can turn to professional employer organizations (PEOs) for invaluable support. PEOs like Group Management Services (GMS) specialize in managing various aspects of human resources, including safety compliance. Partnering with GMS can empower construction companies to navigate the intricacies of OSHA regulations, develop tailored safety protocols, and provide up-to-date training to their workforce.

    By leveraging the expertise of a GMS, businesses can not only enhance their safety standards but also streamline operations, reduce risks, and foster a culture of diligence that resonates throughout their organizations. As we contemplate the incident involving Sonny Steel Erectors Inc., let us remember that a PEO can be an indispensable ally in the quest for workplace safety, ultimately safeguarding lives and the future of businesses in the construction industry. Contact us today to learn more.

  • Gender diversity may seem like a passing trend; however, creating a gender-inclusive workforce has significant business advantages. Research consistently shows that diverse teams outperform homogeneous ones when it comes to problem-solving and innovation. A gender-diverse workforce creates a more inclusive and productive environment for your whole team. For example, diverse teams can experience a nearly 40% increase in productivity per worker and can increase profitability by almost 63%.

    Despite these overall benefits, women still encounter substantial inequalities in employment opportunities and promotions within the workplace. While women make up nearly half of the workforce, the proportion of women in top leadership positions falls significantly short of their overall representation. This disparity not only affects gender diversity but also hinders organizations from benefiting fully from the talents, perspectives, and experiences that women bring to the table.

    Multiple factors contribute to these disparities, including biases, stereotypes, and structural barriers perpetuating gender inequality. Women often encounter obstacles related to implicit bias in hiring and promotion decisions, limited access to mentorship and sponsorship opportunities, unequal pay, and work-life balance challenges.

    Diversifying your staff can be a real challenge and strain on your resources. Partnering with a professional employer organization (PEO) such as GMS can help. We’ve prepared some actionable strategies that you can begin implementing right away. With our support, you create a workplace that values and leverages the strengths of every individual.

    How Your Business Benefits From Gender Balance 

    A study of over 1,000 companies in 12 countries found that gender-diverse organizations are more profitable than their non-diverse counterparts. Not only are they 58% more likely to have a positive social reputation, but businesses with women in management positions experience 35% more return on equity (ROE).

    Achieving gender balance within your workforce enables a deeper understanding of your customer base. Women comprise 80% of consumers, so their buying habits significantly impact business growth. By cultivating a gender-balanced workforce, you bring together diverse perspectives, experiences, and ideas that can enhance your ability to cater to different customer segments.

    When both male and female perspectives influence decision-making, you can develop products, services, and marketing strategies that resonate with a broader audience. A diverse workforce allows you to establish stronger connections with customers, foster customer loyalty, and gain a competitive advantage in the marketplace.

    Establishing a more gender-balanced team is only one piece of the puzzle. In order to tap into these diverse insights and approaches, you must foster an inclusive environment where everyone has an equal voice. This diversity of thought leads to more robust decision-making processes, the ability to identify and address blind spots, and the development of innovative solutions.

    Hiring And Promotional Strategies 

    A common mistake many businesses make is the failure to develop long-term strategies. Like any business endeavor, implementing a strategy without ongoing evaluations and adjustments can waste valuable resources. To counter this issue, it’s essential to regularly reevaluate your diversity efforts to determine their effectiveness and make necessary improvements. To start this process, you can:

    Implement clear performance evaluation criteria

    Statistically speaking, women receive more attention and criticism for their failures than recognition for their successes. This translates to fewer promotions and raises for women compared to their male counterparts, which can negatively affect your business’s ROE. To help combat this within your promotional processes, establishing explicit performance evaluation criteria is essential to eliminate conscious and unconscious bias. The criteria for evaluating employees should encompass strategic, operational, and individual performance factors that are clear, attainable, relevant, and quantifiable. Once defined, these criteria will objectively assess your employees on a scale from “not met” to “met.” This not only assists in eliminating bias during promotion decisions, but it also helps give your whole staff a clear understanding of your expectations.

    Offer unconscious bias training

    Unconscious or implicit bias is the prejudice or unsupported judgment in favor of or against one thing, person, or group often developed in early childhood and reinforced through familial, educational, and cultural institutions. With proper training, you can help eliminate the impact unconscious bias has on your business. This bias extends beyond gender and can encompass prejudice against individuals without a high school or college education or those engaged in “blue-collar” work such as manual labor or skilled trades. Unconscious bias training can help your staff effectively interact with customers and colleagues from diverse backgrounds. This training aims to foster better understanding and communication, promoting a more inclusive environment for everyone.

    Develop transparent and inclusive job descriptions

    To promote more balanced and inclusive hiring practices, utilize less rigid language in job descriptions. For instance, by replacing terms such as “competitive” and “best of the best,” which tend to appeal more to men, with language that emphasizes qualities such as “loyalty” and “collaboration,” you can help attract a more diverse range of candidates. Additionally, limit the use of industry or company-specific terminology. This allows candidates with diverse experiences and skill sets to understand the requirements and qualifications better, making them more likely to apply. By using clear and accessible language, you open up your job post to individuals who may have been deterred by unfamiliar terminology, ensuring a broader and more diverse applicant pool.

    Foster an inclusive workplace culture 

    Create a supportive and inclusive environment that values diversity and promotes gender equality. Encourage inclusive language such as “team” or “folks” instead of “guys.” Inspire open dialogue, respect, and amplify marginalized voices in meetings. In other words, be mindful of who takes up the most space in discussions, who is being interrupted, and who isn’t speaking at all. This can benefit your whole team, not just women. Quiet and more introverted team members can have valuable insights but may not feel comfortable or don’t have the chance to share. So, ensure you’re providing equal opportunities for all employees to contribute.

    Set anti-harassment policies

    To assist with retention efforts, it’s vital to cultivate a workplace culture that fosters safety, equality, and respect. This involves developing and enforcing policies and processes that address harassment, discrimination, and any other issues that may arise. Communicating these policies to employees and providing avenues for reporting and addressing concerns are key steps in creating a safe and equitable environment where everyone feels valued and supported.

    Promote flexible work arrangements 

    By offering flexible work hours, remote work options, and family-friendly policies, you demonstrate a commitment to supporting work-life balance for all employees, fostering an inclusive workplace that acknowledges and values diverse needs. These initiatives benefit employees with caregiving responsibilities and promote employee well-being, productivity, and overall job satisfaction, leading to a more engaged and motivated workforce.

    Conduct pay equity audits

    Women, on average, still only make 82 cents compared to a man making a dollar. Through a pay equity audit, you can identify any inequities within your business related to factors such as race and gender. By regularly reviewing and analyzing compensation data, you can address any discrepancies and provide fair and transparent salary structures free from gender-based wage gaps.

    Support career development and training

    Professional development programs can include workshops, seminars, conferences, and training sessions. These programs should focus on enhancing leadership, communication, negotiation, strategic thinking, and other competencies relevant to advancing in leadership roles. These programs can benefit the women on your team and anyone interested in developing their skills.

    Maintaining An Equitable Culture 

    In addition to implementing more inclusive hiring and promotional practices, fostering a culture of respect, accountability, and compassion is crucial for creating a truly gender-diverse workplace. Regularly communicate to your staff the benefits and positive impacts of diversity and inclusion to help generate company-wide buy-in and support for these initiatives.

    Develop an anti-harassment policy clearly outlining the consequences for leaders and employees who engage in repeated harassment or create a hostile work environment. Within this policy, ensure a robust complaint system is in place where staff members can feel safe to report any misconduct. Establishing a strong complaint system empowers your team to come forward, address issues promptly, and uphold accountability within your organization. This proactive approach not only helps prevent future incidents but also showcases your dedication to developing a respectful and supportive workplace culture.

    Performance Management Assistance 

    Performance management plays a pivotal role for business owners as they make crucial decisions concerning training, career development, compensation, transfers, promotions, and termination. Through our employee performance management service, GMS can help you set clear goals and expectations for each employee and provide feedback about those goals. Employees also value performance management, as it can offer opportunities for them to grow within your organization and, ultimately, advance their careers.

    Additionally, our learning management system makes it easier for you to streamline job training, improve employee performance, and reduce costs for learning platforms and in-person training. Partnering with a PEO like GMS can elevate the burden associated with managing employees, and protect your revenue and profits from unexpected fines, all while maintaining complete control over your team. Contact us today, and let’s get started!

  • Amidst the ever-evolving labor and workforce development landscape, the New Jersey Department of Labor recently unveiled its proposed regulations for the state’s groundbreaking Temporary Workers’ Bill of Rights (TWBR). To safeguard the rights of temporary laborers, this legislation indicates a new era of enhanced protection and equitable treatment. However, as with any revolutionary measure, challenges and uncertainties lie ahead.

    Within the past few months, the law’s notice and retaliation provisions have come into effect, accompanied by the issuance of a mandatory notice form and the compilation of FAQs.

    Pay Equity And Beyond

    At the heart of the TWBR stands its unwavering commitment to pay equity for temporary laborers engaged in substantially similar work. While the intention is admirable, the path to compliance is complex. One such challenge arises from the ambiguity surrounding calculating benefits for pay parity.

    The proposed regulations shed some light on the matter, defining benefits to include a range of fringe benefits such as health insurance, life insurance, disability insurance, and more. However, the lack of precision in determining the average cost of these benefits has left employers grappling with uncertainty. Clarity on these benefit calculations is essential to ensure businesses can confidently adhere to the law.

    Placing Placement Fees In Perspective 

    Another area demanding explanation is the placement fees for temporary laborers transitioning to permanent positions. While the TWBR allows temp agencies to charge placement fees, the specifics of how these fees should be calculated are unclear.

    The proposed regulations offer step-by-step guidance, but complications arise when temp agencies must ascertain the daily cost of benefits provided during assignments with third-party clients. The path to accurate placement fee calculation remains unclear, with the scope of benefits left undefined.

    Strengthening Protections With Notice And Anti-Retaliation Measures 

    As of May 7th, 2023, the notice and retaliation provisions of the TWBR have been set into motion, bolstering safeguards for temporary workers. Temp agencies must now utilize state-authorized forms, ensuring essential information reaches workers without fail. Yet, further clarity on the practical aspects of these requirements could prove beneficial. Establishing methods for recording receipts and defining the rebuttal of retaliation presumptions could enhance the effectiveness of these measures and offer greater security to temporary workers.

    Under the provisions of the law, third-party clients are obligated to furnish specific information to the temp agency within seven days following the conclusion of the workweek during which the temporary laborer was engaged. The regulations emphasize that failure to provide the required information will not be considered a violation, provided the third-party client cannot submit the time records due to circumstances beyond their control. However, the regulations do not explicitly outline the circumstances that would be deemed beyond their control. Consequently, employers must exercise caution, as non-compliance could lead to penalties of up to $500 per violation.

    Litigation Looms On The Horizon

    While the TWBR represents a commendable stride towards empowering temporary workers, it has not escaped legal scrutiny. Ongoing litigation seeks to delay the implementation of remaining provisions, with challenges centered on constitutional grounds. Temp agencies should remain vigilant, closely monitoring developments in this case that could impact the implementation and enforceability of the TWBR.

    Consider Partnering With A PEO Like GMS 

    For business owners in New Jersey, the decision to collaborate with a professional employer organization (PEO) opens a gateway to unparalleled support and prosperity. In the dynamic and ever-changing landscape of New Jersey’s business environment, a PEO is a reliable partner, adeptly navigating the complexities of HR, payroll, benefits administration, and risk management. By entrusting these critical functions to a seasoned PEO like Group Management Services (GMS), business owners can unburden themselves from administrative hassles and compliance worries, allowing them to redirect their focus toward strategic growth and innovation.

    With access to a wealth of HR expertise, cutting-edge technology, and comprehensive employee benefits packages, businesses can attract and retain top talent, fostering a thriving and engaged workforce. Embracing a partnership with GMS is not just a business decision – it’s a visionary step toward building a resilient and successful business for years to come. Get a quote today!

  • In a monumental step towards building a more inclusive society, the Department of Justice (DOJ) has unveiled plans to introduce new standards that would ensure state and local government websites and mobile applications become more accessible to people with disabilities. The proposed rule announced on July 25th, 2023, the day before the 33rd anniversary of the Americans with Disabilities Act (ADA), promises to significantly improve the online experience for nearly 50 million Americans facing challenges related to vision, hearing, cognitive, and manual dexterity disabilities.

    The ADA prohibits discrimination against those with disabilities in several areas, including the following:

    • Employment
    • Transportation
    • Public accommodations
    • Communications
    • Access to state and local government programs and services 

    Web Accessibility: A Key Pillar Of Inclusivity 

    The proposed rule is designed to address critical barriers faced by individuals with disabilities when accessing websites and mobile applications. It includes provisions to integrate text descriptions for images, provide captions on videos, and enable keyboard navigation for those with limited hand mobility. By prioritizing these improvements, the White House aims to foster greater access to crucial public services and programs, such as employment, education, voting, health services, and transit schedules.

    Enabling inclusive education

    Under the proposed rule, students with disabilities will gain improved access to course content, including higher-level math and science courses. By making educational materials more accessible, the government seeks to level the playing field and empower all students to reach their full potential.

    Empowering voter registration

    The rule also addresses accessibility issues surrounding voter registration websites. By enhancing these platforms, voters with disabilities can register independently, strengthening the democratic process and ensuring every citizen’s voice is heard.

    Facilitating commute and travel

    For individuals with disabilities, accessing bus and train information online can be transformative. The proposed rule aims to streamline online transit schedules, making it easier for people with disabilities to commute to work and engage in other essential activities.

    The Impact Of Web Accessibility Standards On Society 

    It’s essential to highlight the urgency of implementing clear accessibility standards for state and local programs. This ensures that individuals with disabilities can participate fully in modern society without facing unnecessary barriers to essential services. The proposed rule aligns with existing ADA obligations under Title II, establishing a specific technical standard that state and local governments must follow.

    Public input: Shaping a more accessible future

    The DOJ seeks public input through a 60-day comment period to ensure a well-rounded and comprehensive rule. This open forum invites stakeholders and concerned citizens to offer their insights and recommendations, guaranteeing that the final standards reflect the diverse needs of the disability community.

    The White House’s expanding commitment to web accessibility

    The proposed rule comes as part of a broader commitment by the White House to support individuals with disabilities. In 2022, the DOJ released guidance emphasizing that ADA requirements apply to all public accommodations, including those offered on websites. Furthermore, the Department of Commerce announced $42.5 billion in grants to improve high-speed internet access nationwide, acknowledging the Internet’s essential role in supporting individuals with disabilities.

    Private employers: Embracing the inclusive vision

    Although the rule primarily impacts state and local governments, it also serves as a wake-up call to private businesses. Attorney J. Colin Knisely advises companies to make website accessibility a top priority. As the legal landscape evolves, private companies may soon face similar accessibility standards. Employers are encouraged to conduct regular website audits, address common accessibility issues, and collaborate with reputable vendors specializing in web accessibility.

    The Unique Advantages Of Utilizing A PEO

    In this era of heightened awareness and advocacy for web accessibility, businesses find themselves facing new challenges and responsibilities. Navigating the complex landscape of accessibility standards and ensuring compliance can be daunting, especially for small business owners. Fortunately, a professional employer organization (PEO) can be the solution you need.

    A PEO like Group Management Services (GMS) brings expertise in HR and legal compliance to help businesses proactively address accessibility concerns and implement best practices. By partnering with GMS, business owners can confidently navigate the evolving legal landscape, enhance their web accessibility, and create a more inclusive online presence. As we strive for a society where everyone can participate fully, businesses can lead by example with the support of a PEO. Interested in learning more about GMS’ services? Contact us today to learn more.

  • With August in full swing, a significant milestone in employment eligibility verification awaits. Qualified E-Verify users in good standing will now have the option of remote verification for identification and work authorization documents associated with Form I-9. This revolutionary change comes after a series of developments in response to the pandemic, presenting employers with newfound flexibility in hiring and documentation procedures. Continue reading to delve into the background, benefits, and eligibility criteria for remote verification.

    The Evolution Of Form I-9 Compliance

    The COVID-19 pandemic brought forth unprecedented challenges for employers, requiring swift adaptations to comply with Form I-9 requirements. On March 20th, 2020, the Department of Homeland Security (DHS) and U.S. Immigration and Customers Enforcement (ICE) offered employers with remote employees the ability to obtain, inspect, and retain copies of identification and employment eligibility documents virtually. This temporary provision responded to the sudden shift to remote work and allowed businesses to maintain compliance despite their dispersed workforces.

    In response to this initiative and the experiences of employers during this period, the U.S. Citizenship and Immigration Services proposed a rule for alternative procedures in its regulatory agenda. After receiving valuable feedback, ICE announced the winding down of the pandemic flexibilities on May 4th, 2023, setting a sunset date of July 31st, 2023. However, an employer will not be required to physically examine the documentation associated with a Form I-9 if it:

    • Was enrolled in E-Verify at the time of hire 
    • Created an E-Verify case for that employee
    • Performed the remote inspection between March 20th, 2020, and July 31st, 2023 

    Introducing Remote Verification – The Alternative Procedure 

    On August 1st, 2023, remote verification began offering qualified E-Verify users in good standing an innovative approach to comply with Form I-9 requirements. To be eligible for this option, employers must have enrolled in E-Verify for all hiring sites using the alternative procedure and must comply with all E-Verify program requirements. Continued participation in good standing in E-Verify is necessary whenever the employer opts for remote verification.

    The remote verification process commences with a live video interaction between the employer and the new hire. During this session, the employee completes Section 1 of Form I-9, which is then uploaded and sent to the employer. A subsequent live video chat occurs, where the employer witnesses the employee present their original employment verification document to the camera for inspection. The new I-9 form will feature a corresponding box for the employer to check when utilizing the alternative procedure for Section 2 or re-verification.

    Benefits And Considerations 

    Embracing remote verification opens doors to numerous benefits for employers and employees alike. For employers, this alternative option streamlines the hiring process by eliminating the need for in-person document verification, saving time and resources. Moreover, it accommodates remote employees, making hiring talent from different geographical locations easier. The remote verification process also encourages paperless documentation, promoting a greener and more sustainable workplace.

    However, employers must ensure consistent application of the alternative procedure for all employees at a hiring site, with the exception of hybrid workers who may require in-person verification. Employees can also have an in-person meeting if they prefer, ensuring that flexibility is maintained throughout the hiring process.

    Understanding Who Is Eligible To Use Remote Verification 

    To qualify for remote verification, also known as the “alternative procedure,” employers must meet specific criteria and maintain good standing with E-Verify. This includes:

    • Enrollment in E-Verify for all hiring sites that utilize the alternative procedure
    • Compliance with all E-Verify program requirements, including verifying the employment eligibility of newly hired employees
    • Continued participation in good standing with E-Verify whenever remote verification is employed 

    In addition, new E-Verify employers and users responsible for managing and creating cases must complete an E-Verify tutorial. Existing E-Verify employers who have already undergone the training do not need to repeat it for remote verification eligibility.

    Leveraging PEO Expertise

    In navigating the intricacies of remote verification and maintaining compliance with Form I-9 requirements, partnering with a professional employer organization (PEO) can be a game-changing solution for businesses. A PEO like GMS brings a wealth of expertise and resources to the table, offering comprehensive HR support, streamlined processes, and up-to-date knowledge of ever-changing regulations. From handling E-Verify enrollments to guiding employers through the intricacies of remote verification, GMS’ HR experts ensure a seamless transition to the alternative procedure. By teaming up with GMS, businesses can focus on their core operations and talent acquisition, confident that their employment eligibility verification processes are in the hands of experienced professionals. Embrace the future of remote verification with the guidance of a PEO, and unlock a world of compliance, efficiency, and peace of mind. Contact us today to learn more.

  • In a critical step towards addressing the ongoing mental health crisis in the United States, the Biden administration has proposed new rules to ensure equal access to mental health and substance misuse treatment. The rules, introduced by the Health and Human Services, Labor, and Treasury departments, will push insurers to comply with the Mental Health Parity and Addiction Act (MHPAEA), a landmark legislation enacted in 2008. This act mandates that insurance plans offer the same level of coverage for mental health and substance misuse care as they do for physical medical treatments.

    However, the administration has recognized that many insurers are not adequately complying with the law, leading to limited access to essential mental health care services. In this blog, we will explore the significance of the proposed rules and their potential to positively impact the lives of millions of Americans facing mental health challenges.

    Breaking Down The Mental Health Parity And Addiction Equity Act

    The MHPAEA was designed to address the historical disparities in health care coverage between mental health and physical medical treatments. This legislation aims to end the discriminatory practices that have hindered mental health and substance misuse care for far too long. By prohibiting private health insurance companies from imposing more restrictive copayments, prior authorizations, or other requirements on mental health and substance misuse care benefits, the act seeks to level the playing field for those in need of these mental health services.

    Recognizing The Mental Health Crisis In America

    In recent years, the United States has witnessed a significant decline in mental health. Factors such as the COVID-19 pandemic, financial stress, inflation, and increased workloads have contributed to rising rates of depression, anxiety, and stress.

    Sadly, many individuals find it challenging to access professional help to address their mental health concerns. Studies show that nearly one in three Americans who need mental health care are unable to receive it, highlighting the urgency of addressing this crisis.

    The Implications Of Non-Compliance

    Despite the existence of the MHPAEA for over a decade, many insurance providers have not fully complied with the law. This lack of compliance has resulted in disparities in access to mental health care, with some individuals facing greater obstacles than others when seeking treatment. These disparities perpetuate the stigma surrounding mental health and can exacerbate the challenges faced by those already struggling with mental health issues.

    The Biden Administration’s Bold Move

    Recognizing the urgency of the situation, the Biden administration’s proposal aims to strengthen enforcement of the MHPAEA. By providing clearer guidance to insurance plans and issuers, the administration seeks to ensure that mental health and substance misuse care receive the same level of coverage as other medical treatments. This move could significantly improve access to mental health services for millions of Americans, potentially saving lives and fostering a healthier society.

    The Path Forward

    The proposed rule is not a final step but rather a crucial milestone in the journey toward achieving true mental health parity. As the rule will be open for public comment for 60 days, it presents an opportunity for concerned citizens, mental health advocates, health care professionals, and stakeholders to contribute their insights and suggestions. By actively engaging in this process, the collective voice can further shape and strengthen the proposed rules, maximizing their impact in bridging the gap between mental health and physical health care.

    Mental Health Matters: Unveiling The PEO Solution For Small Businesses

    To cultivate a workplace that values and prioritizes mental well-being, small businesses have a valuable resource: a professional employer organization (PEO). By forming a partnership with a reputable PEO like GMS, small businesses can tap into a wealth of expertise and resources uniquely tailored to address mental health challenges within their workforce. These organizations can play a pivotal role in bridging the gap between physical and mental health care by providing access to comprehensive employee assistance programs (EAPs) and mental health benefits.

    With GMS’ support, small businesses can foster an environment of understanding and empathy, promoting a culture that encourages open conversations about mental health. This collaborative effort empowers employees to seek the necessary help and support, leading to a more resilient, engaged, and productive workforce. Together, as businesses embrace this transformative approach to mental health, they can build a brighter, healthier, and more harmonious future for their employees and the entire organization. Interested in learning more? Contact us today!

  • The impact of inflation extends beyond immediate price increases and into long-term, far-reaching consequences for individuals and families. The current surge in inflation rates, particularly in the wake of the COVID-19 pandemic, has created financial strains and challenges that may not be apparent yet.

    What Is Inflation?

    Inflation is the rate at which the cost of a good or service increases. The cost of food, housing, gasoline, utilities, and other goods have skyrocketed by 7.7% over the past 12 months – nearly a 40-year-high. Rising inflation rates directly affect the purchasing power of individuals and families. As the cost of goods and services increases, it becomes more difficult for households to maintain their standard of living. This can lead to reduced discretionary spending, limited savings, and a need to prioritize basic necessities over other financial goals or aspirations.

    While inflation is hitting almost everyone, low-income households are experiencing a harsher impact than others as employee wage increases fail to keep up with inflation. This has forced families to shift their budgets to cover the necessities to survive during these challenging times.

    Cutting Back On Retirement Savings

    Inflation’s economic influence is so strong that it doesn’t stop at budget adjustments; it also affects Americans’ retirement savings habits. With the rising cost of living, individuals and families find it increasingly difficult to allocate funds toward retirement savings. A recent survey found that half of U.S. adults saving for retirement had to pause their saving efforts in 2022 because of inflation. On top of that, 32% withdrew from their retirement savings, and 41% indicated they stopped contributing to their retirement funds altogether. The strain on household budgets due to inflation is providing a real challenge to set aside money for long-term financial goals.

    For those already nearing retirement, the increased cost of living poses a significant threat to their retirement savings. Higher prices for essential goods and services can erode the purchasing power of their retirement funds, potentially requiring them to adjust their retirement plans or dip into their savings sooner than anticipated. Furthermore, individuals still in the earlier stages of their careers may face difficulties prioritizing retirement savings amidst the current inflationary environment. When faced with higher costs for daily necessities, there may be less available income to contribute to retirement accounts or invest in long-term financial vehicles.

    While inflation may appear to be slightly winding down, it’s not going away anytime soon. Kelly LaVigne, VP of Consumer Insights, Allianz Life, expressed, “While we all hope that the pace of inflation will slow, it will take time to moderate. Consumers need to prepare themselves by talking to a financial professional and incorporating ways to help fight the effects of inflation into their portfolio so that long-term inflation doesn’t affect retirement.”

    Tom Smith, Director of Retirement Services at GMS, stated, “With inflation increasing and the cost of living rising, it’s essential you are saving in your 401(k), especially if your company offers an employer match. You’re leaving free money on the table if you stop contributing altogether. If you’ve exhausted all options for cutting back on spending and are still looking to dial back your deferral amount, try and take full advantage of the employer match. This means if you’re contributing eight percent right now, but the match requires you to contribute at least five percent, don’t decrease your contribution to less than five percent. If you want to retire at some point, you need to have a variety of sources to draw income. It’s important to pay yourself first, and a 401(k) is a great option to do that with convenient payroll deductions and tax advantages.”

    How Can You Step In As An Employer 

    As we all remain concerned about the economy and how it could affect us, it’s essential as a business owner to ensure you take every step to help your employees. Offering a retirement plan is a great way to provide long-term financial security and demonstrate a commitment to their future. By providing a plan, you empower employees to save for retirement and establish a foundation for their financial stability.

    Matching program

    Furthermore, implementing an employee matching program can significantly enhance the attractiveness of your business’s retirement plan. By matching contributions, employers contribute a percentage or dollar amount corresponding to the employee’s contributions. This approach not only motivates employees to save more for retirement but also amplifies the growth of their retirement savings over time.
    Plus, matching programs have several advantages for your business. Firstly, they help attract top talent by positioning your company as one that values employees’ financial well-being. It differentiates your business from competitors and becomes a valuable tool in recruitment efforts. Additionally, these programs contribute to higher employee retention rates, as employees are more likely to stay with a company that offers robust retirement benefits.

    Retention bonuses

    Retention bonuses refer to a one-time payment or reward given to an employee apart from their regular salary. This is given as an incentive to keep a valuable employee in their job, and it can be an effective strategy to help reduce the financial impact of inflation on employees. These bonuses are typically reserved for employees who have been with the company for a specific period, incentivizing them to remain loyal and committed. By offering retention bonuses, you can provide financial relief to employees without directly increasing their base pay.

    This approach allows you to address the challenges posed by inflation while maintaining flexibility in their overall compensation structure. There are various ways to structure retention bonuses. For example, they can be a one-time lump sum payment or distributed over a defined period. The bonus amount can factor in tenure, job level, or performance metrics.

    Financial education and planning

    Additionally, you can offer financial education and planning resources. Financial education programs can cover various topics, including budgeting, saving strategies, debt management, investment basics, and retirement planning. These programs can include workshops, seminars, online courses, or one-on-one sessions with financial experts. Equipping employees with the knowledge and skills to make sound financial choices can positively contribute to your employees’ economic resilience and stability.

    By offering retirement plans with matching programs, retention bonuses, financial education, and planning tools, you demonstrate a commitment to your employees’ economic well-being beyond their working hours. These initiatives not only help employees navigate the challenges of inflation but also contribute to reducing financial stress, improving productivity, and fostering a positive work environment.

    Let Us Help 

    If you’re unaware of where to start, contact Group Management Services (GMS). GMS is a professional employer organization (PEO) that helps small businesses by taking on the administrative burdens you don’t have the time or expertise to handle. We help in all areas of your business, whether it be risk management, HR, benefits, or payroll; we do it all. We can help you set up a fully customizable retirement savings plan that makes your company more attractive to quality employees. When you partner with GMS, you can easily establish the following for your business: 

    • 401(k) eligibility requirements 
    • Vesting schedules 
    • Tax-deductible matching 
    • Profit-sharing 

    Contact us today so you can begin helping your employees during these challenging times. 

  • As scorching temperatures sweep across the United States, breaking records and posing serious threats to workers, President Joe Biden has taken a momentous step to safeguard their well-being. With the heat wave expected to intensify in central and southeastern regions, the risk to workers has never been higher. In response to this alarming situation, President Biden has directed the Department of Labor (DOL) to issue an unprecedented hazard alert for heat, marking the first of its kind in history. This landmark decision underscores the administration’s commitment to worker safety and sets the stage for crucial changes in heat-related protections under federal law.

    The Heat Wave’s Impact On Workers

    With triple-digit temperatures becoming the norm in various parts of the country, workers’ lives are being put at risk. Outdoor laborers, especially those in the construction and agriculture sectors, face extreme challenges due to prolonged exposure to the blistering heat. Heat-related illnesses such as heatstroke, heat exhaustion, and heat cramps become all too common during such weather conditions. The situation is further exacerbated for workers in central and southeastern regions, where the heat wave shows no signs of giving up.

    Phoenix baked under its 27th consecutive day of record-breaking heat with temperatures of 110 degrees Fahrenheit or higher. In Texas, 13 deaths and hundreds of injuries and emergency room admissions have been attributed to scorching heat waves. Heat mitigation has been a bargaining issue for UPS drivers who threatened to strike; union leaders and UPS announced a tentative deal to equip the trucks with air conditioning, heat shields, and additional fans.

    Biden’s Call For Action

    Recognizing the severity of the heat wave’s impact on workers, President Biden’s proactive approach in requesting the DOL to issue a hazard alert for heat is both timely and commendable. This alert reminds employers of their obligation to ensure a safe working environment for their employees during hazardous heat conditions. By spotlighting this issue, the administration aims to raise awareness about the dangers of extreme heat exposure and create a sense of urgency to implement necessary precautions.

    Enhanced Worker Protections

    The DOL’s hazard alert is not merely symbolic; it comes with tangible actions to mitigate risks and preserve worker health. Employers will receive vital information on the measures they can and should take to protect their workforce during heat waves. This includes guidelines on providing adequate shade, rest breaks, and access to hydration and training workers and supervisors to recognize and respond to early signs of heat-related illnesses.

    Moreover, the DOL’s decision to ramp up enforcement of heat-safety violations demonstrates the seriousness with which the administration views this matter. Holding employers accountable for neglecting their workers’ safety during extreme heat is crucial to creating a culture of adherence to heat-safety regulations.

    A National Standard For Workplace Heat Safety

    In addition to the hazard alert, the Occupational Safety and Health Administration (OSHA) is actively working towards developing a comprehensive national standard for workplace heat-safety rules. This ambitious undertaking aims to establish uniform guidelines and protocols for all industries and regions. A national standard will streamline safety procedures and ensure consistent and effective protection for workers, regardless of their location or occupation.

    How PEOs Build Stronger Heat Safety Protections For Businesses And Workers

    In the face of escalating heat waves and their potential threats to workers’ safety, businesses have a vital role to play in safeguarding their employees. Partnering with a professional employer organization (PEO) can be a game-changer for businesses navigating these challenging times. A PEO like GMS brings expertise in human resources, risk management, and workplace safety, enabling businesses to develop comprehensive heat mitigation strategies. From providing guidance on implementing heat safety protocols to ensuring compliance with federal regulations, a PEO empowers businesses to prioritize the well-being of their workforce. By collaborating with GMS, businesses can proactively equip their workers with the necessary resources and support, fortifying them against the scorching heat waves and creating a safer, more resilient work environment for all. Contact us today to ensure a safe work environment for your workers.