Request a call Login

  • In light of recent legislative changes, it’s crucial for employers to update their workplace posters to comply with the new rights provided by the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). To assist with this, the U.S. Department of Labor (DOL) has released two updated posters that outline the additional information related to these laws. These posters serve as a comprehensive resource, explaining employees’ rights under the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA).

    Furthermore, the U.S. Equal Employment Opportunity Commission (EEOC) has also made revisions to its “Know Your Rights: Workplace Discrimination Is Illegal” poster. This updated version includes important details about the PWFA and must be displayed starting June 27th, 2023.

    What You Should Know As A Small Business Owner

    As a small business owner, it’s crucial to stay informed about these changes. In 2010, the federal Affordable Care Act introduced the requirement for pumping breaks, initially applicable only to nonexempt workers under the FLSA. However, the revised FLSA poster now emphasizes that these rights extend to exempt employees as well, meaning salaried workers who are not entitled to overtime. It also clarifies that while FMLA leave is unpaid, an employee may be required to utilize employer-provided paid leave simultaneously.

    Displaying the updated posters from the DOL and EEOC satisfies the notice requirement for employers. It’s essential for covered employers to prominently display these posters in all of their establishments, ensuring employees can easily read and access the information they provide.

    To access the new posters, click here.

    It’s important to note that the PWFA will go into effect on June 27th, 2023, and applies to all employers with a minimum of 15 employees. The PUMP Act, on the other hand, came into effect in December 2022, with changes to remedies taking effect on April 28th, 2023. Some exemptions are granted to small businesses under the PUMP Act.

    Utilize A PEO To Keep You Updated

    To stay updated and ensure compliance with these evolving regulations, consider utilizing a professional employer organization (PEO). PEOs like Group Management Services (GMS) provide valuable assistance in keeping your business informed and in compliance with the latest legal requirements, allowing you to focus on running your operations smoothly.

    Sam Hutchinson, GMS’ HR Account Manager, expressed, “It’s vital that employers stay updated and remain compliant with the constant changes in employment law. The PWFA and PUMP Act are liberating changes that will truly make women feel heard while trying to overcome the challenges that motherhood potentially brings.”

    Stay informed, display the revised posters, and leverage the resources available to you to navigate the changing landscape of workplace regulations. Partner with us today!

  • In an unprecedented move, the New York Legislature has ushered in a groundbreaking era with the passage of the highly anticipated Clean Slate Act. Awaiting the final stamp of approval from Governor Kathy Hochul, this transformative legislation aims to enhance the employment prospects of individuals with prior criminal histories, provided they have maintained a clean record in recent years.

    Once Governor Hochul signs this bill into law, the records of certain convictions will be automatically sealed after specific timeframes. This approach not only grants a fresh start to deserving individuals but also opens up a world of new employment avenues.

    Understanding The Act

    Let’s start with the basics. What does sealing a record mean? Sealing removes a person’s criminal record from public view though it can still be accessed through a court order.

    Once the act goes into effect, it would immediately seal the records of criminal convictions under state law as follows:

    • Misdemeanors: If there was no sentence of incarceration, these offenses would be sealed three years from the individual’s release from prison or the imposition of a non-custodial sentence. 
    • Felonies: Eight years following the individual’s release from prison, the records of these more serious offenses will be sealed. 

    It’s important to note that Class A-I felonies, which encompass crimes such as aggravated murder, terrorism, and certain sexual offenses, are not eligible for sealing. These exceptions ensure public safety while providing redemption for less severe offenses.

    Sealing records will become an automatic process, sparing individuals from navigating complex legal procedures. However, it’s crucial to highlight that automatic sealing will not occur if the convicted individual has pending criminal charges, is on probation, or remains under parole supervision when the stipulated time period elapses.

    Additional Actions That Come With The Act

    The Clean Slate Act goes above and beyond by extending its protective shield against discrimination. Employers will be prohibited from inquiring about sealed conviction records or discriminating against candidates or employees based on such records. This monumental amendment to the New York State Human Rights Law paves the way for a fairer and more inclusive job market, where individuals can be considered based on their present merits rather than past transgressions.

    While the sealed records will largely remain confidential, exceptions do exist in certain circumstances. For instance, entities mandated by state or federal law to conduct fingerprint-based background checks will still have access to these records. Similarly, organizations involved in child protection, elderly care, or working with vulnerable adults will be authorized to examine sealed records for the safety of those they serve.

    In addition, law enforcement officers conducting investigations and licensing officers processing firearm license applications may also access these records as necessary. It’s essential to recognize that the Clean Slate Act exclusively pertains to convictions under New York’s penal law and does not extend to federal or out-of-state criminal convictions.

    What This Means For Small Business Owners

    As a small business owner, the Clean Slate Act will empower you to consider candidates on their current qualifications and abilities, unburdened by the weight of past mistakes. By participating in this transformative movement, you can contribute to a society that values compassion, rehabilitation, and growth.

    While we await the final decision, you must prepare your business to ensure you remain compliant with all rules and regulations. Have you considered partnering with a professional employer organization (PEO)? A PEO like Group Management Services (GMS) can serve as a guiding hand through this transition. Our experts provide crucial compliance guidance, ensuring businesses adhere to the act’s regulations and develop non-discriminatory hiring practices. In addition, we can help you establish fair screening processes, help with HR support and training, and ensure accurate recordkeeping and compliance audits.

    By partnering with GMS, you can confidently navigate the complexities of the Clean Slate Act. Contact us today to learn how we can streamline your business operations while ensuring you remain compliant with evolving laws and regulations.

  • In the age of relentless technological progress, our workplaces have undergone a profound transformation. From how we conduct business to the methods we employ for HR management, every facet has evolved through this unstoppable tide of innovation. In today’s fast-paced world, organizations face complex labor laws, regulations, and ethical obligations as they work to forge a workplace that is fair, inclusive, and fully compliant with the ever-evolving demands of the modern era.

    Failure to comply with these requirements can result in irreparable damage and costly penalties. By taking the time to understand HR requirements and implementing actionable strategies fully, you can ensure your business stays on the right side of the law.

    Understanding HR Compliance In The Digital Age

    HR compliance isn’t just a box to check off; it’s a fundamental aspect of protecting your employees’ rights, maintaining your organization’s reputation, and safeguarding its long-term success. It serves as a proactive risk management strategy. By identifying and addressing potential compliance issues early on, you can prevent costly fines, lawsuits, and mitigate reputational damage. This allows your organization to allocate resources more efficiently and focus on core business objectives, leading to long-term success.

    In the digital age, HR compliance efforts extend outside traditional areas and require creative measures to address new challenges. Privacy and data security have become top concerns as sensitive employee information becomes increasingly digitized. Robust protocols and security measures are necessary to protect against data breaches and unauthorized access risks. You’ll need to adapt to these challenges and embrace technological solutions.

    Beyond privacy and data security, areas such as fair employment practices, workplace safety, and diversity and inclusion are also top concerns. Through new software, you can ensure compliance in these areas and create a safe and inclusive environment for your employees where everyone feels valued and respected. This, in turn, promotes productivity, employee satisfaction, and retention.

    Staying updated with legal requirements and industry best practices is crucial to ensure your HR policies and procedures continue to align with current standards. HR compliance is not a one-time effort; it requires ongoing monitoring and adaptation to changing laws and regulations. Prioritizing HR compliance can enhance your organization’s competitive advantage. Businesses that demonstrate a strong commitment to ethical practices and compliance are more likely to attract top talent who seek trustworthy and responsible employers. In other words, a reputation for compliance and integrity can differentiate your organization from competitors.

    Common HR Compliance Violations 

    There is a wide range of HR compliance areas to consider, with the most common violations falling into the following categories:

    • Statutory compliance: Statutory compliance refers to the legal obligations imposed by local, state, and federal laws. Non-compliance with these laws can lead to significant fines or even criminal charges.
    • Regulatory compliance: Regulatory compliance includes laws, regulations, and guidelines that pertain to your specific business or industry. Similar to statutory, failing to comply with these regulations can result in legal penalties. Regulatory guidelines tend to be updated more frequently than statutory ones and will require ongoing attention to ensure compliance.
    • Contractual compliance: Contractual compliance involves meeting a legally binding contract or agreement’s terms, conditions, and obligations. It includes fulfilling the performance, delivery, payment, confidentiality, intellectual property requirements, and any other provisions mentioned.
    • Internal compliance: Internal compliance refers to the adherence to an organization’s internal policies, procedures, and guidelines. It refers to internal codes of conduct, ethical standards, information security protocols, risk management practices, and other rules set by your company’s leadership.
    • Training compliance: Training compliance refers to compliance with mandatory training programs, industry-specific certifications, and continuing education requirements. It requires that your employees receive the necessary training to perform their jobs safely and effectively.

    Though these are the most typical compliance-related pitfalls, this is not a comprehensive list of HR compliance. It is essential that you remain diligent and up to date with current HR compliance laws, regulations, and best practices.

    Simplifying Compliance

    While technological advancement has presented challenges, it’s also simplified HR compliance. With the majority of information stored digitally, regulators, auditors, and legal teams can efficiently utilize compliance software to retrieve reports and data automatically. Compliance software not only streamlines the process but also ensures accuracy and efficiency.

    In addition, compliance software can aid in tracking changes and updates. As regulations and laws evolve, tracking systems can monitor and document the timing, individuals involved, and specific adjustments made. Which, in turn, enables you to maintain a comprehensive record of compliance-related activities.

    Technological advancements have also impacted training and recruitment practices. Mandatory training can now be digital, allowing for convenient and consistent delivery across your workforce. In the event of an audit, digital platforms provide tangible evidence that all employees have completed the necessary training requirements.

    Recruitment software plays a crucial role in mitigating bias and stereotypes. By utilizing recruitment software, you can ensure compliance with non-discriminatory regulations, creating a fair and inclusive hiring process. Consequently, you will be better protected against potential lawsuits and can maintain a reputation for upholding equality and diversity.

    Data Privacy And Security 

    As part of your HR responsibilities, you will handle a wide variety of sensitive information, including social security numbers, health care and retirement plans, background checks, and salary details. In today’s digital landscape, where data storage and management predominantly occur electronically, safeguarding the privacy and security of your employees and company’s information is crucial.

    Start by establishing robust access controls and permissions to limit data access only to authorized personnel. Assign unique user accounts, regularly review and update access rights, and implement multi-factor authentication where possible. By employing these measures, you can significantly reduce the risk of unauthorized individuals gaining access to confidential data.

    In addition, utilize encryptions to protect sensitive data both at rest and in transit. Encryption scrambles the information, making it unreadable without the appropriate decryption key. Ensuring that even if data is intercepted or stolen, it remains inaccessible to unauthorized individuals. Similarly, regular data backups are essential to mitigate the impact of data loss or system failures, allowing for restoring critical information.

    To further enhance privacy and security, it’s vital to implement stringent security measures such as firewalls, intrusion detection systems, and antivirus software to protect against external threats. Regular security assessments and vulnerability scans can help identify and proactively address potential weaknesses.

    Equally important is the implementation of thorough data breach response plans. Security breaches can still occur even if protective measures are in place and your company is diligent in regular assessments and updates. A well-defined plan ensures a swift and effective response, minimizing the impact on affected individuals and the organization. A response plan should include promptly notifying affected parties, cooperating with regulatory authorities, and taking necessary steps to mitigate the damage.

    Lastly, ongoing employee training and awareness programs are essential to instill a data privacy and security culture within your organization. Employees should be educated on the importance of protecting sensitive information, recognizing common security threats such as phishing attempts, and adhering to data handling procedures and policies.

    In short: 

    • Restrict access to sensitive information exclusively to essential personnel
    • Deploy multi-factor authentication whenever feasible
    • Apply encryption protocols to safeguard sensitive information
    • Deploy security measures like antivirus software, intrusion detection systems, and firewalls
    • Regularly perform security assessments and vulnerability scans
    • Formulate a comprehensive response plan in case of a security breach
    • Provide continuous employee security training and awareness initiatives

    Effective Implementation 

    By diligently implementing these privacy and security best practices, you demonstrate your commitment to safeguarding your employees and the company’s sensitive information. Ultimately, prioritizing HR data privacy and security protects your organization from legal and reputational harm and upholds the ethical responsibility to ensure the confidentiality and integrity of sensitive information.

    Are you looking to refine your HR policies and procedures? Collaborating with a professional employer organization (PEO) can alleviate the burden, allowing you to concentrate on the aspects of your business that bring you the most satisfaction. Inefficiencies in your HR processes can lead to unforeseen fines and penalties. With GMS’ best practices and strategic audit programs, we can help you reduce costs and improve your HR functions while ensuring compliance. We’ll help you maintain your competitive edge by comparing your current HR practices with proven best practices and offer solutions to help you optimize your operations and enhance overall efficiency. Get in touch with us today, and let us help you refine your HR strategy.

  • In today’s fast-paced and demanding work environment, it’s become increasingly evident that employee leaves of absence (LOA) play a vital role in maintaining the well-being and productivity of individuals while also contributing to overall employee morale. With numerous regulations and guidelines to consider, organizations must fully understand the legal obligations and optimal approaches when managing employee LOAs.

    By establishing clear LOA policies, employers foster a supportive and inclusive work culture that prioritizes health and happiness while complying with federal and state regulations. If you’re struggling to navigate the nuances of LOAs, these guidelines will help you effectively develop and manage your policies.

    What Is A Leave Of Absence? 

    A leave of absence is an invaluable resource you, as an employer, can provide to employees who need an extended break due to circumstances that are out of the ordinary. These circumstances could include major illness or injury, caring for a loved one, moving, or religious observances, to name a few. It serves as a means to temporarily step away from work and address personal matters that require focused attention. Unlike regular paid time off (PTO), a LOA can be unpaid and is generally longer than a vacation request. Additionally, employees continue to receive their health package and guaranteed job security.

    You should be aware of two primary categories of LOAs: mandatory and voluntary. Mandatory leave encompasses those safeguarded by federal and state laws. They protect employees’ rights in specific situations you must provide. On the other hand, voluntary leaves are individual policies established by employers. They can be used as a recruitment tool and foster positive employee engagement, benefiting your company long-term.

    Mandatory Leave 

    Mandatory LOAs come from legal provisions to safeguard employees’ rights and well-being. These protections can include maternity and paternity leave, medical leave for personal health conditions, and family or caregiver leave for tending to the needs of loved ones. Though the laws governing these leaves vary by jurisdiction, their purpose remains consistent: to ensure that employees facing challenging life events can attend to their circumstances without fear of losing their jobs.

    Mandatory leave includes the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA).
    The ADA comes into play if you have a workforce of 15 or more. It ensures certain rights for workers facing physical or mental impairments that substantially limit one or more major life activities. While there isn’t a predetermined duration of work leave that you’re obligated to provide, you must make accommodations whenever necessary. In this context, granting leave can be considered a reasonable accommodation. Still, the decision is made on a case-by-case basis, depending on each situation’s unique circumstances.

    ADA work leave must be approved unless it would cause undue hardship to you as the employer. Undue hardship is determined based on factors such as the business’s financial resources and the severity of disruption to work operations.

    The FLMA applies to businesses with 50 or more employees located within a 75-mile radius. To be eligible, employees must have worked a minimum of 1,250 hours over the previous 12 months. FLMA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for specified family or medical reasons. During this leave, the employee’s group health insurance coverage must continue as though the employee is still working.

    Mandatory leave covered by ADA and FMLA ensures the rights of workers in several specific situations, such as:

    1. If an employee is pregnant or has recently given birth 
    2. Welcoming a child through adoption or foster care placement 
    3. Caring for their spouse, child, or parent suffering from a severe medical illness or injury
    4. Experiencing a severe health condition that significantly impairs their ability to perform essential job functions 
    5. If they have a qualifying difficulty arising from the active military duty of their spouse, child, or parent 

    Voluntary Leave

    In contrast, voluntary LOAs are discretionary policies put forth by employers to support their workforce. These leaves may cover a range of scenarios, such as sabbaticals, personal development leaves, or even time off to pursue personal passions. By offering these voluntary leaves, you can demonstrate your commitment to the well-being and satisfaction of your employees, recognizing that a balanced work-life balance is vital for maintaining a motivated and productive workforce.

    Common voluntary leave requests include:

    • Bereavement leave: A temporary leave granted to employees to grieve the loss of a close family member, usually a spouse, child, parent, or sibling.
    • Personal leave: This type is for travel, education, or self-care reasons. It may or may not be paid depending on the employer’s policies.
    • Sabbatical: Sabbatical leave is typically granted to employees who have worked for a certain period. It’s for professional development, research, or personal pursuits.
    • Public holidays: Although not legally required, most companies follow the list of federal holidays and offer PTO during those days.
    • Moving: When employees need to relocate their residence due to personal circumstances, some employers may offer leave or flexible work arrangements to facilitate a transition.
    • Religious observances: This leave is reserved for important religious holidays so employees can fulfill their religious obligations.
    • Adverse weather conditions: In severe weather conditions, threatening employees’ safety or hindering their ability to commute, employers may implement policies allowing for leave or remote work options. These policies prioritize the well-being and safety of employees while ensuring minimal disruption to business operations.

    Protected Leaves Of Absence 

    Also protected by law are a few circumstances outside of mandatory leave. These include: 

    1. Jury duty: Employer must provide leave for employees selected for jury duty or attend court proceedings as witnesses. Under the Fair Labor Standards Act (FLSA), you may not penalize an employee for being called to jury duty for threats of termination or disciplinary action. However, you’re not required to pay employees during leave taken for jury duty. 
    2. Voting: Some state laws require employers to provide employees with leave to vote. However, laws vary from state to state, so staying current with your state’s laws is crucial. 
    3. Military service: Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employees are to be promptly re-employed in their civilian jobs upon return from duty. 

    How To Manage Leave Of Absence Effectively 

    Develop a clear employee leave of absence policy 

    Establishing clear and comprehensive policies and procedures for LOAs is essential. Make sure to communicate these policies to all employees, ensuring they understand the requirements and procedures for requesting and managing leaves. Include information on the available leave types, the request process, the documentation required, and any notice periods or restrictions. Clear policies and procedures help create consistency and fairness in managing leaves, reducing confusion and potential conflicts.

    The best policies are fair and consistent across all employees, but it’s important to remember that each situation will differ. If an employee requests an extension of their leave, consider whether or not it would be reasonable for them to do so before rejecting their request.

    Open communication channels 

    It’s vital to create a supportive environment where employees feel comfortable discussing their needs and reasons for taking leave with their managers or HR representatives. Encouraging open and transparent communication can help ensure that all parties involved are on the same page and any necessary accommodations can be made. Additionally, establish a designated point of contact for leave-related inquiries to ensure employees can access necessary forms and resources. You should regularly check in with employees on leave to offer support and updates on any changes or developments at the workplace. Effective communication helps both parties plan and prepare for the absence, ensuring a smoother transition and minimizing disruption.

    Establish a leave tracking system 

    Implementing a robust leave tracking system can significantly assist in managing LOAs effectively. This system should allow employees to request leave quickly, provide the necessary documentation, and track their leave balances. It should also enable managers and HR personnel to review and approve leave requests, monitor overall leave utilization, and ensure compliance with company policies and legal requirements. A well-designed leave tracking system streamlines the process, reduces administrative burden, and enables accurate record-keeping, which is crucial for payroll and benefits purposes.

    Importance Of Leaves Of Absence 

    You can effectively navigate employee LOAs by prioritizing employee well-being, maintaining consistent policies, and fostering open communication. Embracing these practices supports employees during challenging times and fosters a committed and engaged workforce upon their return, ultimately contributing to your business’s success.

    Are you unsure about the effectiveness of your existing policies? While you may be an expert in your field, navigating HR compliance can be challenging. That’s where GMS comes in. We specialize in HR compliance, best practices, and strategic audits. Our team of HR specialists will take the time to understand your current HR functions, identify your strengths and weaknesses and provide recommendations to enhance your internal processes. From everything from I-9 to FLSA audits, we help you ensure your business is compliant. With GMS, refining your policies and improving your HR practices becomes seamless and efficient. Contact us today, and let’s get started!

  • In an era marked by increasing concerns over data privacy and security, Florida has taken a bold step forward. Governor Ron DeSantis recently signed a data protection bill that promises to reshape how organizations conduct business in the state. The Florida Digital Bill of Rights (FDBR), signed on June 6th and set to take effect on July 1st, 2024, introduces a range of unique provisions that significantly impact privacy compliance efforts for businesses operating in the Sunshine State. Let’s look at the details and explore why this legislation is capturing the attention of organizations nationwide.

    Targeting Large Technology And Advertising Companies

    The FDBR is drawing attention by targeting large technology and advertising companies as data controllers. To qualify as a data controller under the bill, an organization must have $1 billion in global gross revenue and satisfy specific criteria. These criteria include the following:

    • Deriving 50% of global gross revenue from the sale of online advertisements 
    • Operating a consumer smart speaker and voice command service
    • Managing an app store or digital distribution platform with a substantial number of software applications 

    By focusing on these entities, the FDBR aims to regulate the practices of major players in the digital world. 

    Compliance Implications For Processors And Third-Parties

    While the FDBR primarily aims at data controllers, it does not exclude compliance implications for other entities. Processors and third parties, which do not meet the data controller criteria, still have responsibilities and obligations under the legislation. These entities must be mindful of data processing activities on behalf of data controllers and handling personal data received in a third-party capacity, even if they don’t meet the data controller threshold. This ensures a comprehensive approach to data protection across various actors involved in data processing.

    Robust Data Privacy Rights For Florida Consumers

    The FDBR places significant emphasis on empowering consumers with robust data privacy rights. Florida residents will have access to key rights, including the ability to confirm whether a data controller is processing their data, correct inaccurate information, request deletion of personal data, and exercise data portability rights. In addition, the bill grants opt-out rights related to the sale of personal information, targeted marketing, profiling, and the collection of sensitive data and personal data through voice recognition features. By providing consumers with these rights, the FDBR aims to enhance transparency, control, and consent in data processing activities.

    Processes For Privacy Rights And Consent

    The FDBR lays out clear processes for data controllers to receive, process, and respond to individuals exercising their privacy rights. It establishes a privacy rights appeals process to ensure consumers can effectively exercise their rights and seek recourse if necessary. Furthermore, the bill mandates that data controllers must obtain explicit consent from consumers before using personal data for purposes beyond those reasonably necessary or compatible with the original disclosed purpose, processing sensitive personal data, or enrolling consumers in certain financial incentive programs. These provisions reinforce the importance of informed and meaningful consent in data processing activities.

    Prohibition Of Dark Patterns And Sale Of Sensitive Data

    Aligning with best practices in data privacy, the FDBR explicitly prohibits using “dark patterns.” While the term is not precisely defined, the bill clarifies that consent cannot be obtained by accepting broad terms of use or through deceptive design elements such as hovering over, muting, pausing, or closing content. Moreover, the FDBR imposes restrictions on for-profit entities that collect personal data, prohibiting the sale of a consumer’s sensitive data without obtaining the consumer’s consent. These provisions aim to safeguard individuals from manipulative practices and reinforce the importance of respecting consumer choices.

    Stringent Data Breach Notification Requirements

    Recognizing the gravity of data breaches, the FDBR includes stringent requirements for organizations to notify affected individuals and relevant authorities in the event of a breach. This proactive approach to data breach notifications aims to minimize potential harm and empower individuals to take appropriate action. Organizations must develop robust incident response plans to swiftly and effectively address breaches while complying with the law’s notification obligations.

    Ensure You Remain Compliant 

    Complying with Florida’s new data protection law is not just an option but a necessity for businesses operating in the state. The FDBR has a robust enforcement framework designed to ensure adherence to the legislation’s provisions. As data controllers, businesses must undertake data impact assessments and be prepared to provide them upon request by the Florida attorney general. The FDBR grants exclusive enforcement authority to the state’s Department of Legal Affairs, which treats violations of the FDBR as unfair and deceptive trade practices.

    Civil penalties of up to $50,000 per violation can be imposed, making it crucial for businesses to prioritize compliance. While the law does not create a private right of action, it does include a 45-day cure period that allows businesses to correct any compliance issues before facing enforcement action. By proactively complying with the FDBR, companies can mitigate the risk of penalties, protect their reputation, and demonstrate their commitment to safeguarding consumer data and privacy.

    Partner With GMS Today!

    Navigating the complexities of the FDBR and ensuring compliance with its provisions can be challenging for small business owners in Florida. Have you considered partnering with a professional employer organization (PEO)? A PEO like Group Management Services (GMS), offers comprehensive HR solutions, including expert guidance on data protection and privacy compliance. Our experts understand the complexities of regulations such as the FDBR and can help business owners implement necessary policies and procedures and develop robust data protection measures.

    When you partner with GMS, you can streamline your compliance efforts and focus on your core operations while meeting the stringent requirements of the FDBR. With the right PEO by your side, businesses can confidently navigate the changing landscape of data privacy and security, safeguarding their reputation and fostering trust with their customers in this digital age. Contact us today to learn more about how we can protect your business!

  • Colorado Governor Jared Polis took a significant step towards promoting fairness in the hiring process by signing the Job Application Fairness Act (JAFA) into law on June 2nd, 2023. This new legislation specifically addresses the issue of age discrimination by prohibiting employers from asking about an applicant’s age during the hiring process. JAFA builds upon Colorado’s existing requirements and guidelines for hiring, which already include restrictions on inquiring about criminal histories (commonly known as “ban-the-box”) and the mandatory inclusion of salary and benefit information in job postings. JAFA will officially take effect on July 1st, 2024.

    Exploring The Law In Detail 

    JAFA outlines the specific information employers are forbidden from requesting during the initial employment application. This includes the applicants:

    • Age
    • Date of birth
    • Dates of school attendance or graduation 

    Suppose an employer requires application materials such as transcripts or graduation certificates. In that case, they must inform applicants that they can redact any information that reveals their age, date of birth, or school attendance/graduation dates. It’s important to note that these restrictions apply exclusively “at the time of an initial employment application.”

    Under certain circumstances, JAFA does allow employers to request verification of compliance with age requirements in the initial employment application. These circumstances include cases where:

    • Age is a legitimate occupational qualification related to public or occupational safety 
    • Such information is required by federal law or regulation 
    • A state or local law or regulation mandates such information based on a legitimate occupational qualification 

    While JAFA does not grant applicants the right to pursue legal action for a violation of the law, employers may face penalties if found to be in violation by the Colorado Department of Labor and Employment (CDLE). Applicants who believe JAFA has been violated can file a complaint within 12 months of the violation, prompting an investigation by the CDLE to determine the merits of the claim.

    If the CDLE finds an employer guilty of violating JAFA, the following penalties will be imposed: 

    • First violation: A warning and an order to achieve compliance within 15 business days
    • Second violation: An order to achieve compliance within 15 business days and a maximum civil penalty of $1,000
    • Subsequent violations: An order to achieve compliance within 15 business days and a maximum civil penalty of $2,500

    When JAFA goes into effect in 2024, Colorado will join the ranks of states such as California, Connecticut, Minnesota, and Pennsylvania that have implemented legislation prohibiting age-related inquiries during the job application process.

    Allow GMS To Lend A Helping Hand

    With evolving employment laws and regulations, small business owners in Colorado can significantly benefit from partnering with a professional employer organization (PEO). As a PEO, GMS is committed to assisting business owners across the country in navigating and implementing these significant changes within their organizations.

    As JAFA takes effect and joins a growing list of legislative measures to foster fair employment practices, the complexities of compliance can be daunting for small business owners. However, with the guidance and expertise of GMS, navigating these changes becomes more manageable. Our experts stand ready to provide support, empowering businesses in Colorado to focus on their core operations while ensuring they meet the requirements of the law. By harnessing the resources and knowledge of a trusted PEO, your small business can thrive, knowing you have a helping hand to guide you through the intricacies of employment regulations and promote a fair and inclusive work environment. Contact us today to learn more.

  • Wekiva Springs Hospital, a prominent behavioral health and substance disorder facility in Florida, recently found itself under the spotlight due to alarming reports of workplace violence. The U.S. Occupational Safety and Health Administration (OSHA) shed light on a distressing investigation that revealed a staggering 182 alleged incidents of workplace violence in 2022 alone, with a striking 70% requiring the involvement of the police. These heart-wrenching incidents not only resulted in hospital workers enduring severe injuries, such as broken bones and concussions, but also showcased the urgent need for fortified measures to protect employees in the face of unpredictable dangers.

    As one incident unfolded, a patient repeatedly assaulted an employee, relentlessly smashing their head into an air conditioning unit. In response to these concerning findings, OSHA cited Wekiva Springs Hospital for a serious violation, accusing the facility of failing to provide a workplace free from safety hazards capable of causing physical harm or even death.

    The proposed fines of $15,625 sent a message that safeguarding employees from workplace violence is not a matter to be taken lightly, urging organizations to fortify their defenses and implement effective preventive measures.

    Wekiva Springs Center

    Wekiva Springs Center provides behavioral health and substance abuse treatment to adults and seniors in Jacksonville, Florida, and surrounding areas. Their continuum of care offers inpatient and outpatient programming to accommodate the severity of each patient’s condition. Every patient sees a primary therapist and attending physician regularly. Their approach to wellness is customized, holistic, and multidisciplinary.

    The Importance Of Workplace Violence Measures

    In today’s ever-evolving professional landscape, ensuring the safety and well-being of employees has become an utmost priority for organizations. Among the numerous concerns that demand attention, workplace violence is a critical issue that cannot be overlooked. There are approximately 396,00 assaults that occur in workplaces across the country every year.

    The significance of implementing robust workplace prevention measures cannot be overstated. Beyond preserving physical safety, these measures safeguard the essence of a thriving work environment – a place where individuals can excel, collaborate, and innovate without fear. By proactively addressing and mitigating potential risks, organizations protect themselves from harm and foster a culture of trust, productivity, and unity.

    A workplace that prioritizes violence prevention not only attracts and retains top talent but also creates a resilient foundation for long-term success. By recognizing the importance of these measures, you take the crucial step toward building a workplace where everyone can thrive, grow, and flourish.

    Workplace Violence Prevention + GMS = Thriving Work Environment 

    The challenges of running a successful business can often be overwhelming for small business owners. However, when it comes to preventing workplace violence, partnering with a professional employer organization (PEO) might be your best solution. At GMS, we bring our expertise and resources to the table, empowering business owners to take proactive measures that ensure the safety and security of their employees. We help you develop comprehensive policies and procedures tailored to your unique needs. From conducting risk assessments to implementing effective training programs, we equip owners with the tools to identify and address potential threats.

    By leveraging the strategic support of a PEO, small business owners can navigate the complex landscape of workplace violence prevention with confidence, creating an environment where employees can thrive and feel safe. With GMS by your side, you can prioritize the well-being of your workforce while focusing on what you do best – building a successful business. Contact our experts today to learn how you can get started.

  • As a small business owner, your employees are the backbone of your organization, and their well-being and satisfaction directly impact your success. In today’s rapidly evolving work landscape, companies are reevaluating traditional policies and seeking innovative ways to foster employee happiness, engagement, and productivity. One such policy that has gained popularity recently is unlimited paid time off (PTO). While the idea of unlimited PTO might seem enticing, it’s crucial for small business owners to carefully consider various factors before implementing such a policy. Let’s explore the key aspects business owners should consider before offering this perk.

    Resource And Staffing Considerations

    Small businesses often operate with limited resources and tight-knit teams. Before implementing unlimited PTO, evaluate your business’s capacity to handle potential staffing gaps when multiple employees take time off simultaneously. Consider factors such as: 

    • Customer demand
    • Workload distribution 
    • The need for cross-training to ensure uninterrupted operations 

    It may be necessary to establish guidelines and processes for scheduling time off to maintain optimal productivity. 

    Communication And Expectations

    Clear communication is essential when introducing unlimited PTO. Ensure that employees understand the purpose of the policy and the expectations regarding requesting and scheduling time off. Establish guidelines for notice periods, blackout periods, and any limitations during peak business seasons. Transparent and proactive communication will help manage expectations, reduce misunderstandings, and maintain productivity.

    Defining Boundaries And Accountability

    While unlimited PTO offers flexibility, setting boundaries to prevent abuse or misuse is crucial. Define what “unlimited” means within your organization and establish guidelines for employees to follow when requesting time off. Encourage open dialogue about workload management, emphasizing the importance of planning and ensuring employees remain accountable for their responsibilities. Regular check-ins and performance evaluations can help monitor productivity and address any concerns.

    Tracking And Record-Keeping

    Small businesses must implement a system to track and manage time off. Consider using technology tools or software that enable employees to request and track their time off, providing visibility for employees and management. Accurate record-keeping will help ensure fairness, prevent conflicts, and comply with legal requirements.

    Budget And Financial Implications

    Unlimited PTO can have financial implications for businesses. Evaluate the potential impact on payroll expenses, especially if employees receive payouts for unused PTO upon termination. Consider the financial sustainability of offering unlimited PTO, including employee benefits and compensation costs. Budgeting and forecasting will help you determine the feasibility of this policy within your financial constraints.

    Company Culture And Employee Buy-In

    Consider your company culture and whether it aligns with the principles of unlimited PTO. Assess employee attitudes and preferences regarding work-life balance. Engage in conversations with your team to gauge their expectations and ensure the policy resonates with their needs. A supportive and flexible culture will foster trust and loyalty among employees, leading to increased satisfaction and productivity.

    Don’t Make This Decision On Your Own, Partner With GMS

    While the decision to offer unlimited PTO can be complex for small businesses, it’s important to remember that you don’t have to navigate this journey alone. Partnering with a professional employer organization (PEO) like GMS can be a game-changer. We provide business owners with expertise and support in implementing and managing employee benefits, including unlimited PTO. In addition, we assist with establishing policies, ensuring compliance with legal requirements, and providing robust tracking systems.

    With a PEO, you can leverage our resources, experience, and knowledge to navigate the challenges associated with unlimited PTO, enabling you to focus on your core business objectives. Embrace the opportunity to work hand-in-hand with GMS and unlock the true potential of your business. Contact us today to learn more.

  • It’s time to enter a captivating journey into the world of pet insurance, where wagging tails, fuzzy cuddles, and heart-melting purrs meet the security of comprehensive coverage. When it comes to our pets’ health, no pet owner wants to compromise on the quality of care. However, veterinary costs can quickly escalate, especially in the case of emergencies, surgeries, or chronic illnesses. This is where pet insurance steps in. As a vital resource, pet insurance can alleviate financial burdens and ensure employees can provide their furry friends with necessary medical attention without hesitation.  

    When employers offer access to pet insurance, they’re extending a helpful hand to their employees, providing them with peace of mind. Employees no longer need to worry about outrageous bills derailing their financial stability or making difficult decisions based on their budget. Instead, they can focus on what matters – ensuring their pets receive the care they need to lead happy and healthy lives.  

    Pet Insurance Basics

    Pet insurance is a health plan the owner pays monthly or annually in exchange for reimbursement of eligible veterinary expenses. When a vet sees a pet for a covered condition, the owner pays the vet in full and then submits a claim to their insurance company for reimbursement. Most pet insurance plans are for dogs and cats, but a few pet insurers offer coverage for other animals.

    The following is what is commonly covered by pet insurance:

    • Accidents and injuries such as broken bones and ACL ruptures
    • Behavioral therapy
    • Chronic illnesses such as allergies, digestive problems, and skin conditions
    • Common illnesses such as ear infections, vomiting, and urinary tract infections
    • Hereditary conditions
    • Prescription medications
    • Procedures
    • Serious illnesses such as cancer and diabetes
    • Testing and diagnostics
    • Wellness procedures

    Ultimately, pet insurance acts as a safety net, shielding pet owners from the financial strain that comes with unexpected veterinary expenses. As costs increase for everything from grooming to veterinary care, 47% of pet parents report having had some kind of pet-related debt. With the rising costs of advanced medical treatments, surgeries, and medications, pet insurance provides invaluable peace of mind.

    Financial Security In The Face Of Uncertainty

    When it comes to our pet’s health, no expense should be spared. However, unforeseen accidents or illnesses happen and can send us spiraling into uncertainty. The thought of outrageous vet bills can cause sleepless nights and unimaginable stress. That’s where pet insurance becomes your support system, offering a lifeline of financial security in the face of uncertainty.

    By providing a safety net for our furry companions, pet insurance ensures that no matter what unexpected twists and turns life may bring, we can focus on giving our pets the care they need without worrying about the financial strain. Having quality pet insurance can empower us to face any medical challenge that comes our way by knowing that our pets’ health and financial stability remain intact.

    The Benefits Of Offering Pet Insurance

    In the ever-evolving landscape of employee benefits, pet insurance has emerged as a game-changer in attracting and retaining top talent. As employers strive to create a workplace environment that values the well-being and happiness of their employees, pet insurance stands out as a compelling benefit with undeniable perks.

    By offering pet insurance as part of a comprehensive benefits package, employers demonstrate a deep understanding of the profound bond between humans and their pets, fostering a culture of compassion and empathy. This goes beyond the surface-level perks – it signifies a commitment to supporting employees’ personal lives and acknowledges the significant role that pets play in their overall well-being. By embracing pet insurance, employers not only enhance employee morale but also attract talent, reduce turnover rates, and create a workplace where employees feel valued and cared for. In the competitive job market, where the battle for top talent is fierce, offering pet insurance is not just an added benefit, but it’s a strategic move that elevates the employer brand, cultivates loyalty, and builds a vibrant and inclusive workplace community.

    Get Started Today

    Pet insurance sounds like a win-win, right? It is! And we’ve got the solution you’re looking for. As a professional employer organization (PEO), we offer various ancillary benefit options, including pet insurance. Through our partnership with MetLife Pet Insurance, we now provide robust annual benefits options, chronic care coverage, and no lifetime or per-incident limits for pets of all ages. You can customize your deductible and reimbursement rates to work best for your pet’s needs and your budget. In addition, we have our Total Pet Plan pet benefits, which is a discount program where you can save on Rx for your pet, receive discounts at participating vets, in-house medical services, telehealth service for your pet, and lost pet recovery service.

    Denise O’Dear, GMS’ Benefits Account Manager, added, “Let’s face it, our pets are part of the family! MetLife offers affordable insurance for your pets. With lots of options, you can choose a plan that best fits your financial needs. Help your employees ease the financial stress that comes with paying for their pet’s covered veterinary care, so they can stay engaged and focused at work.”

    Health care for animals can be expensive, but pet insurance can help you cover those expenses and give your pet the care you want, and they deserve. Pet insurance is just the beginning of our supplemental health care coverage options. Interested in learning more about our health care coverage? Contact us today.

  • In the fast-paced world of startups, where every decision can make or break a company, investors constantly seek innovative strategies that give startups a competitive edge. One strategy that has caught investors’ attention is the utilization of a professional employer organization (PEO). These strategic partnerships provide startups with comprehensive HR solutions and offer a range of benefits that align with investors’ interests. What exactly is the difference between a startup utilizing a PEO and one that isn’t? That’s what we’re here to discuss. Let’s dive into the compelling reasons why investors are increasingly drawn to startups that embrace the power of PEOs, and how this partnership can lead to success.

    Streamlined HR Operations

    Investors recognize that startups must focus their time and resources on core business activities rather than getting dragged down by complex HR operations. PEOs specialize in managing HR functions such as:

    • Payroll 
    • Benefits administration
    • Risk management 
    • HR

    By leveraging the expertise of a PEO, startups can streamline their HR processes, allowing them to allocate more time and energy toward driving growth and innovation.

    Cost Efficiency And Scalability

    Investors also understand the importance of efficient resource allocation for startups. By partnering with a PEO, startups can access economies of scale that would otherwise be challenging to achieve independently. PEOs pool together multiple client companies, enabling startups to access the following:

    • Comprehensive benefits package 
    • Affordable insurance rates
    • Other cost-saving measures 

    In addition, as startups experience growth, PEOs offer scalability, seamlessly accommodating an expanding workforce and ensuring compliance with ever-changing labor laws.

    Compliance And Risk Mitigation

    In the highly regulated landscape of employment laws, startups must navigate a complex web of regulations to avoid costly legal consequences. Investors recognize the importance of adhering to these regulations and seek startups that demonstrate a commitment to legal compliance. PEOs bring specialized knowledge and experience in managing compliance and mitigating risks associated with employment practices. By partnering with a PEO, startups can access expert guidance, ensuring they comply with laws and regulations. This commitment to compliance gives investors confidence and reduces the potential for legal setbacks.

    Competitive Edge In Talent Acquisition

    Attracting top talent is a crucial component of any startup’s success. However, startups often face challenges competing with established companies when offering attractive employee benefits packages. PEOs level the playing field by granting startups access to comprehensive benefits programs, such as:

    • Health insurance 
    • Retirement plans
    • Vision and dental care
    • Life, accident, and critical illness
    • Pet insurance 
    • Short and long-term disability 
    • Telemedicine 

    These enticing benefits help attract top talent and foster employee loyalty and satisfaction. Investors recognize that startups with robust talent acquisition and retention strategies are better positioned for sustainable growth.

    Focus On Core Competencies

    Investors appreciate startups that demonstrate a laser focus on their core competencies. By offloading HR responsibilities to a PEO, startups can free up their internal resources to concentrate on what they do best – developing innovative products, acquiring customers, and scaling their business. This emphasis on core competencies enhances productivity and the startup’s chances of achieving milestones and delivering investor returns.

    GMS Has The Solution You’re Looking For

    Having explored the reasons behind investors’ preference for startups leveraging a PEO, let’s embark on the journey to find the perfect PEO for your business. Look no further than Group Management Services (GMS), a distinguished certified PEO (CPEO) that has surpassed the stringent requirements set by the Internal Revenue Service (IRS). As a CPEO, we go above and beyond by offering clients exclusive financial protections and tax benefits that set us apart from traditional PEOs. With our team of HR experts at your side, we are committed to equipping startups with the comprehensive services they need to thrive in today’s competitive labor market.

    From seamless onboarding and customized training programs to ensuring workplace safety and handling payroll administration, our end-to-end solutions cater to your needs. With the support of GMS, startups can confidently pursue their growth trajectory, capturing the attention and investment of forward-thinking stakeholders. Trust GMS to be your trusted partner in unlocking your startup’s full potential for success. Get a quote from us today!