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  • Get ready, Colorado; significant changes are coming your way. The Colorado legislature has recently passed Senate Bill 23-105, which clarifies existing employer obligations and introduces new requirements. Brace yourselves for an enhanced workplace equality landscape, as these amendments are set to take effect on January 1st, 2024.

    Understanding The New Law

    Let’s dive into the details of this groundbreaking law. Employers will now be required to make reasonable efforts to spread the word about job opportunities within their organizations. From now on, employers must “announce, post, or otherwise make known” these openings internally on the same day they’re advertised externally. In addition, this announcement must be made before the employer selects a candidate for the position. Transparency is the name of the game!

    Employers must provide comprehensive information to potential applicants when publishing a job opportunity. This includes disclosing the following:

    • The hourly or salary compensation 
    • A general description of the benefits or other compensation applicable to the job opportunity 
    • The date the application window will close

    No more guessing games or hidden surprises for job seekers! Moreover, once an employer selects a candidate for a position, they must make an effort to keep the entire team informed. Sharing the candidate’s name, former job title (if applicable), and new job title is now mandatory. After all, open communication fosters a sense of community and transparency within the workplace.

    Employers must also inform employees on how they can express interest in similar job opportunities in the future. This means providing information on individuals or departments to whom employees can turn when they want to explore other career paths. All of this must be announced within 30 days of the candidate starting their new role.

    Additional Information Employers Should Be Aware Of

    Career progression is also in the spotlight with these amendments. Employers now have a responsibility to disclose vital information to all eligible employees regarding positions with advancement potential. Employees deserve to know the requirements for climbing the ladder, the terms of compensation and benefits for each position, whether full-time or part-time, the specific duties involved, and the opportunities for further growth.

    Now, here’s an essential update for businesses outside of Colorado. If you have fewer than 15 employees in Colorado working remotely, you’re not off the hook yet. You must still provide notice of remote job opportunities until July 1st, 2029.

    Mark your calendars because, by July 1st, 2024, the Colorado Division of Labor Standards and Statistics will be rolling out regulations to implement these exciting amendments. Stay tuned for more updates as the implementation date approaches.

    Embrace The Future With A PEO

    As a new era in workplace equality approaches with Colorado’s amended Equal Pay for Equal Work Act, businesses must stay ahead of the game. Fortunately, there’s a solution that can be your guiding light through this – partnering with a professional employer organization (PEO). A partnership with a PEO like Group Management Services (GMS) provides access to expert resources, comprehensive HR support, and a wealth of knowledge in navigating the intricacies of this law.

    With GMS by your side, you can effortlessly ensure compliance with the new requirements. From internal job postings and transparent compensation disclosures to facilitating career progression and promoting employee engagement, GMS can help you seamlessly implement the necessary changes. Our expertise and guidance will empower you to foster a culture of fairness, inclusivity, and growth within your organization. Contact us today to learn more.

  • On June 7th, 2023, Governor Jared Polis signed the Protecting Opportunities and Workers’ Rights (POWR) Act into law, bringing significant changes to Colorado’s employment discrimination legal landscape. The POWR Act expands the Colorado Anti-Discrimination Act (CADA), aiming to enhance protections for work and create a more inclusive and equitable work environment. Let’s explore the key provisions of the POWR Act and discuss its potential impact on Colorado employers and employees.

    Broadening The Definition Of Harassment

    One of the central changes introduced by the POWR Act is expanding the definition of harassment. The act replaces the previous definition, which required the creation of a hostile work environment based on specific protected characteristics, such as race, national origin, sex, sexual orientation, gender identity, gender expression, disability, age, or religion. The new definition established a lower threshold of proof, making it easier for employees to bring harassment claims.

    By broadening the definition of harassment, the POWR Act recognizes the importance of addressing all forms of workplace harassment, regardless of the specific protected characteristics involved. This change provides employees with greater legal recourse and promotes a safer and more respectful work environment.

    Changes To Affirmative Defenses 

    The POWR Act also imposes higher evidentiary standards on employers for affirmative defenses. Affirmative defenses are legal arguments that employers can raise to defend against certain discrimination claims. The act raises the bar for employers by requiring them to meet a more rigorous evidentiary standard when using these defenses. This change aims to ensure that legitimate claims of discrimination are not dismissed or undermined due to technicalities or weak defenses.

    Expanded Protections And Nondisclosure Agreements

    In addition to broadening the definition of harassment and strengthening affirmative defenses, the POWR Act introduces new protections and requirements. It adds “marital status” as a protected characteristic under the CADA, recognizing the importance of preventing discrimination based on marital status.

    The Colorado Civil Rights Commission has the authority to take legal action against employers who present employees with agreements that do not comply with the act’s requirements. In such cases, employees or prospective employees have the right to seek compensation for actual damages, along with reimbursement for costs and attorney’s fees incurred during the legal proceedings. Any employer found to have violated this provision is subject to liability for both actual damages and a penalty of $5,000 per violation. However, the penalty amount may be reduced if the employer can demonstrate good faith in their actions. On the other hand, if multiple agreements are found to violate the nondisclosure provisions, such evidence can be used to support an award of punitive damages. This provision aims to deter employers from repeatedly violating the act’s requirements and underscores the seriousness of nondisclosure agreement violations.

    Recordkeeping Obligations And Funding

    The POWR Act imposes an additional recordkeeping obligation on employers to promote accountability and transparency. This requirement aims to enhance the monitoring and reporting of discrimination incidents and provide accurate data to identify trends and areas of concern.

    To support the implementation of the POWR Act, the legislation appropriates approximately $1.2 million from the general fund for the fiscal year 2023-24. This funding will be crucial in ensuring that the necessary resources and infrastructure are in place to enforce the new provisions effectively.

    Implications For Employers

    The signing of the POWR Act places a greater responsibility on employers to ensure their workplaces are free from discrimination and bias. Employers will need to review and revise their policies and practices to align with the expanded protections and requirements under the legislation. Training programs and initiatives promoting diversity and inclusion will become even more crucial to foster a respectful and equitable work environment.

    It’s essential for employers to familiarize themselves with the provisions of the POWR Act to ensure compliance and avoid legal consequences. Seeking legal counsel or consulting human resources professionals can provide guidance on necessary adjustments and best practices for promoting equality and diversity within the workplace.

    Is Partnering With A PEO The Right Solution?

    Implementing the changes brought about by the POWR Act can be a complex task, especially for small business owners in Colorado who may have limited resources and expertise in employment law. In such cases, partnering with a professional employer organization (PEO) can be a game-changer. A PEO like GMS offers a comprehensive suite of HR services, including legal compliance support, policy development, training programs, and recordkeeping assistance.

    By leveraging the expertise of a PEO, small business owners can navigate the intricacies of the POWR Act with confidence, ensuring that their employment practices align with the expanded protected classes, harassment definitions, and affirmative defense requirements. We act as your knowledgeable guide, helping business owners stay updated on legislative changes, providing tailored solutions, and ultimately fostering a workplace environment that promotes diversity, equity, and inclusion. With the support of GMS, small businesses in Colorado can effectively implement the changes mandated by the POWR Act while focusing on their core operations and fostering a culture of fairness and respect. Contact our HR experts today to learn more.

  • JZ Exteriors and Repairs LLC, a roofing contractor in Illinois, recently received citations from the U.S. Occupational Safety and Health Administration (OSHA). The company received the citation because it failed to protect its workers from falling hazards. In addition to this citation, the company already had existing unpaid penalties of $31,163 for workplace safety violations.

    Diving Deeper Into The Citations

    OSHA inspectors identified the following issues:

    Lack of fall protection and training

    During their inspection, OSHA inspectors observed six roofers removing asphalt shingles from a commercial building at heights of up to 12 feet without any fall protection measures in place. The company failed to provide proper training in using fall protection equipment.

    Absence of accident prevention programs 

    JZ Exteriors and Repairs LLC did not have an accident prevention program in place, which is essential for ensuring workplace safety.

    Inadequate hazard inspections

    The company lacked a competent individual responsible for inspecting worksites for potential hazards, which is crucial for identifying and addressing safety risks. 

    In addition to these issues, the company also failed to use ladders properly, de-energize circuits, thereby exposing workers to electrical hazards, and did not have a fire extinguisher readily available for emergencies. 

    As a result of these violations, OSHA cited JZ Exteriors and Repairs LLC for five repeats, four serious, and one other-than-serious violation. The total penalties imposed amounted to $66,711. The company now has 15 business days to take the following actions:

    • Comply with the citations and penalties 
    • Request an informal conference with OSHA’s area director to discuss the findings
    • Contest the finding before the independent Occupational Safety and Health Review Commission 

    A Business Owner’s Worst Nightmare 

    Experiencing citations and hefty penalties from OSHA can be a business owner’s worst nightmare. The consequences not only include financial burdens but also reputational damage and potential harm to workers. However, there is a solution that can help prevent such nightmares from occurring within your business – partnering with a professional employer organization (PEO). A PEO like GMS specializes in managing various aspects of HR, including workplace safety compliance. You can ensure that you have a robust safety program in place, proper training for employees, and regular hazard inspections. 

    In addition, our safety experts provide guidance on OSHA regulations, helping business owners stay ahead of potential violations and maintain a safe working environment. Don’t let your business face the same fate as JZ Exteriors and Repairs LLC. Consider the proactive approach of partnering with GMS to protect your workers and your business from potential nightmares. Contact us today to learn more. 

  • In recent years, the growing concern about obesity and its impact on public health has increased the demand for effective weight loss solutions. Thanks to fast results and popularity among celebrities, there’s been a significant increase in the demand for glucagon-like peptide-1 (GLP-1 drugs), such as Ozempic and Wegovy, as a resource to help people shed weight. GLP-1 drugs represent a class of medications used to treat type II diabetes mellitus and, in some cases, obesity. However, drugs such as Ozempic cost more than $1,000 per month.

    As the prevalence of obesity continues to rise, employers are now facing a new decision – whether to cover expensive weight loss drugs as part of their employee health benefits package. This decision carries significant implications for employers and their workforce and requires careful consideration of various factors. Continue reading to explore the reasons behind this emerging dilemma and delve into the potential benefits and challenges of covering expensive weight loss drugs.

    The Rising Need For Weight Loss Solutions 

    Obesity has become a global epidemic, affecting millions of individuals worldwide. Obesity currently affects four out of 10 Americans. The associated health risks, including diabetes, heart disease, and certain types of cancer, pose a significant burden on individuals and society at large. Recognizing the impact of obesity on productivity, health care costs, and overall well-being, employers are seeking proactive measures to support their employees in their weight loss journeys.

    The Promise Of Weight Loss Drugs

    Weight loss drugs, when used in conjunction with lifestyle modifications, have shown promising results in helping individuals achieve and maintain a healthier weight. These medications, typically prescribed for individuals with obesity-related health conditions, can enhance the effectiveness of diet and exercise regimens and address underlying metabolic issues that may hinder weight loss progress. However, many drugs come with a high price tag, making them inaccessible to individuals without insurance coverage or facing significant out-of-pocket expenses.

    Employer Considerations 

    When deciding whether to cover expensive weight loss drugs, employers must carefully evaluate the potential benefits and challenges. On one hand, providing coverage for these medications can demonstrate a commitment to employee well-being, improve health outcomes, and boost productivity by reducing absenteeism and health care costs. On the other hand, cost considerations, the lack of conclusive long-term data on drug efficacy, and the potential for misuse or abuse may give employers pause.

    Long-term efficacy and safety 

    While initial clinical trials may show promising results, the true impact on weight loss maintenance and overall health remains the subject of ongoing research. Employers must carefully review available scientific evidence, consult medical experts, and consider the potential risks and benefits of covering these drugs. Close monitoring, periodic reassessment, and an emphasis on comprehensive lifestyle interventions can help ensure responsible and effective use.

    Addressing potential misuse and abuse

    The coverage of weight loss drugs also raises concerns about potential misuse or abuse. Employers must establish clear guidelines and safeguards to prevent inappropriate use and promote responsible medication usage. By implementing specific eligibility criteria, requiring ongoing medical supervision, and fostering a culture of education and support, employers can mitigate these risks and minimize the potential benefits for their employees.

    Navigating Cost Considerations

    Cost is a primary concern for employers when evaluating coverage for weight loss drugs. While these medications can be a valuable tool in the fight against obesity, their high prices can stain budgets and impact insurance premiums. Employers must weigh the potential cost savings resulting from improved employee health against the financial implications of covering expensive medications. Collaborating with insurance providers, negotiating drug prices, and implementing cost-sharing strategies can help strike a balance that benefits employers and employees.

    An Alternative Solution You Might Not Know About

    At the end of the day, the well-being and satisfaction of your employees are crucial to the success of your business. While it may not be the best option to offer a benefit that strains your budget, there is a solution that can provide immense value and help fight obesity in the workplace. As a professional employer organization (PEO), we understand the importance of competitive benefits options.

    Through our partnership with OneDrop for diabetic management and Activate Metabolics for metabolic wellness, we can offer you a comprehensive program that addresses the specific health needs of your employees. By providing a diabetic management program, you’re equipping your team members who battle Diabetes, Prediabetes, High Cholesterol, and High Blood Pressure with the tools and support they need to transform their lives.

    Not only will they have access to valuable resources and online health data tracking, but they will also receive personalized health coaching from specialists. Our metabolic wellness program, in collaboration with Activate Metabolics, will enable your employees to achieve effective and science-based weight loss results.

    At GMS, our goal is to empower your business and ensure the happiness and well-being of your employees. Contact us today to learn how to use these valuable resources and services. Together, we can foster a healthier and more prosperous work environment.

  • Starting July 1st, 2023, private employers with 25 or more employees will be required to embrace the cutting-edge E-Verify system. This online tool empowers employers to swiftly verify an employee’s eligibility for employment within three business days from their start date. Currently, all private employers in Florida must utilize either E-Verify or Form I-9 to verify the eligibility of new hires, while public employers are already required to use E-Verify.

    Understanding E-Verify

    E-Verify is an internet-based system that confirms employment eligibility by comparing information an employer enters from an employee’s Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security and Social Security Administration. It’s the only online service that electronically confirms an employee’s information against millions of government records and provides results within as little as three to five seconds.

    Key Considerations For Florida Employers 

    For employers subject to the E-Verify requirement, it’s essential that you’re aware of your responsibilities. On the initial unemployment insurance (UI) tax return of each calendar year, these employers must certify their compliance with state law when making UI contributions or reimbursing the state’s UI system. Complying with this obligation showcases an employer’s commitment to adhering to the stipulated regulations and demonstrates their dedication to maintaining a robust employment verification system.

    In addition, effective July 1st, 2024, the Florida Department of Economic Opportunity (DEO) will play a major role in ensuring E-Verify compliance. If the DEO determines an employer has failed to utilize the E-Verify system as mandated, notification will be issued to the employer, providing them with a 30-day grace period to rectify the situation. In cases where an employer is found to have neglected E-Verify obligations three times within 24 months, the DEO must impose a fine of $1,000 per day until the employer demonstrates proof of compliance. These measures underscore the significance of upholding the E-Verify requirement and reinforce the importance of timely adherence.

    GMS Is Here To Help 

    For small business owners in Florida, implementing changes related to employment eligibility can be a daunting task. However, partnering with a professional employer organization (PEO) like GMS can guide you throughout this transition. Integrating the E-Verify system into existing HR processes can be challenging. However, our HR experts have the experience to incorporate E-Verify into the onboarding and hiring procedures seamlessly. We help with the system setup, employee training, and the integration of E-Verify with existing HR software, ensuring a smooth transition for small business owners. Ultimately, we ensure small business owners are well-informed and equipped to make informed decisions. Contact us today to learn more.

  • As a small business owner in California, it’s essential to stay informed about the ever-evolving legal landscape that governs consumer privacy. One such regulation is the California Consumer Privacy Act (CCPA). The CCPA was enacted in 2018 and empowers consumers with greater control over their personal information and imposes obligations on businesses that collect, use, or disclose this data. Since then, amendments have been made to this Act, with the most recent one, the California Privacy Rights Act (CPRA), taking effect on January 1st, 2023.

    The CPRA created significant changes from the current law, the CCPA, which includes the following:

    • The CPRA no longer includes the employee exception, which means that California employees, applicants, emergency contacts, beneficiaries, independent contractors, and members of boards of directors have the same rights as any other consumer. 
    • Employers must provide notice of employees’ rights under the CPRA and give employees a way to tell the employer about exercising these rights. The employer has limited time to respond to requests and must properly document all responses. 
    • The CPRA distinguishes between “personal information” and “sensitive personal information.” Personal information is “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Sensitive personal information includes anything that reveals an individual’s personal information, including Social Security number, driver’s license number, state identification card, passport number, and more. 
    • Business-to-business transactions are now subject to the CPRA.

    Complying With The CCPA

    Complying with the CCPA can be a daunting undertaking for small business owners. With its intricate statutes and recent amendments that eliminated exemptions for employment and business-to-business data, understanding and adhering to the law may seem overwhelming. However, with the right approach and a clear understanding of the requirements, achieving CCPA compliance can be manageable.

    Consider the following steps to ensure you remain compliant with the CCPA:

    1. Understand the scope of the CCPA: The CCPA’s extensive provisions can be complex, but understanding its core principles is crucial. Recognize that the law applies to businesses that meet specific criteria, including those with annual gross revenue exceeding $25 million or those engaged in the sales of personal information. 
    2. Stay informed on regulatory updates: As the CCPA continues to evolve, it’s essential to stay updated on regulatory changes. The CPRA removed the exemptions for employment and B-2-B data, introducing additional complexities. It’s critical to consult trusted sources such as legal experts or a professional employer organization (PEO) to ensure you’re aware of any new requirements or modifications that may impact your compliance efforts. 
    3. Revise privacy policies and disclosures: Transparency is critical under the CCPA. Review and update your privacy policies and disclosures to accurately reflect your data collection and usage practices. Clearly outline the categories of personal information collected, the purpose of collection, and consumers’ rights under the CCPA. In addition, you must make these policies readily accessible on your website or mobile application to ensure compliance. 
    4. Implement opt-out mechanisms: Given consumers’ right to opt out of the sale of their personal information, provide easy-to-use opt-out mechanisms. Establish procedures to honor opt-out requests promptly, demonstrating your commitment to respecting consumer privacy. 
    5. Strengthen data security measures: Protecting consumer data should be a top priority. Enhance your data security measures to safeguard personal information from unauthorized access, use, or disclosure. This includes employing encryption techniques, implementing access controls, conducting regular vulnerability assessments, and training employees on data protection best practices. 

    Have You Considered Partnering With A PEO?

    As a small business owner, especially in California, where laws and regulations are constantly changing, ensuring compliance with regulations such as the CCPA can be overwhelming. However, we’re here to tell you that you don’t have to face these challenges alone. Partnering with a professional employer organization (PEO) like Group Management Services (GMS) can provide you with the support and expertise to navigate not only the CCPA but also other crucial changes affecting your business.

    With a deep understanding of compliance requirements, data privacy, and HR best practices, GMS experts can help streamline your operations, update policies and procedures, and ensure your business remains compliant with the CCPA and other relevant laws. By leveraging our resources and guidance, you can focus on what you do best – growing your business – while resting assured that your compliance needs are being addressed. Take advantage of our services and empower your small business to thrive in the evolving regulatory landscape of California. Get a free quote today to secure a compliant future.

  • In the dynamic business landscape, the importance of fair labor practices cannot be overstated. Ensuring fair treatment and equitable compensation for a company’s employees is every business owner’s responsibility, regardless of company size or industry.

    One crucial piece of legislation that ensures fairness and equality in the workplace is the Fair Labor Standards Act (FLSA). This law has been instrumental in protecting employees and employers, promoting economic stability, and cultivating a more equitable society. Continue reading to explore the significance of the FLSA for small business owners and why complying is critical.

    Understanding The FLSA

    The FLSA is intended to protect workers against unfair pay practices. The U.S. Department of Labor (DOL) enforces the FLSA and sets basic standards enforced by the Department’s Wage and Hour Division. These basic standards include the following:

    • Minimum wage
    • Overtime pay
    • Recordkeeping
    • Youth employment standards

    While the FLSA was passed in 1938, it has seen numerous changes and is one of the most critical laws for employers to understand. Adhering to the FLSA ensures employers treat their employees fairly and ethically, promoting a harmonious work environment. 

    Ensuring fair wages

    One of the foundations of the FLSA is the establishment of a federal minimum wage. By providing a baseline for compensation, the Act guarantees that employees receive a fair wage for their work, regardless of the size or nature of the business. This provision helps workers maintain a decent standard of living and contributes to a more satisfied and motivated workforce, ultimately benefiting business owners through increased productivity and reduced turnover.

    Tori Moldovan, PHR, GMS’ Client Services Manager, added, “Pay transparency has become a hot topic in the recruiting world. Over the last three years, several states and cities have passed laws requiring pay information to be provided, such as salary ranges, or even prohibiting employers from inquiring about an applicant’s salary history. Employers need to keep apprised of laws requiring pay transparency, but also ensure their wages are competitive and non-discriminatory.”

    Overtime pay

    The FLSA also sets overtime pay guidelines, ensuring that employees who work beyond the standard 40-hour workweek are adequately compensated for their additional time and effort. This provision protects employees from exploitation and encourages small business owners to carefully manage their workforce, fostering a healthy work-life balance and preventing burnout. By valuing the well-being of their employees, organizations can build a loyal and dedicated team committed to their company’s success.

    Prohibiting child labor

    The FLSA addresses child labor concerns by setting age limits and work-hour restrictions for young workers; the legislation sets the minimum age for employment at 14 years old and limits the number of hours worked by minors under the age of 16. For small business owners, complying with these regulations is not just a legal requirement but also a moral obligation. By refraining from employing underage workers and providing opportunities for education and skill development instead, small businesses contribute to the overall welfare of society and promote the growth of a competent and educated workforce.

    Encouraging recordkeeping and compliance

    Maintaining accurate records of employee hours, wages, and other employment-related information is essential under the FLSA. Although recordkeeping may seem tedious, it is a valuable tool for small business owners. By diligently documenting employee data, businesses can ensure compliance with the law, defend themselves against potential disputes or claims, and gain valuable insights into labor costs and productivity.

    What Do You Do To Ensure You Remain Compliant With The FLSA?

    The last thing any business owner wants is the DOL knocking on their door, bringing potential legal issues, penalties, and reputational damage. By diligently following FLSA requirements, you can proactively protect your business, foster a fair work environment, and establish a solid foundation for long-term success. However, we understand how challenging it can be to take on these responsibilities by yourself.

    Have you considered partnering with a professional employer organization (PEO) like GMS? Our HR experts are here to help safeguard your organization. We take a proactive approach to address any non-compliance issues. Here are just a few ways our HR experts help your business:

    • Properly classify exempt vs. non-exempt employees
    • Ensure overtime is being recorded and properly paid
    • Travel time pay requirements are compliant 
    • Tipped employee/tip credit compliance 
    • Minor labor law compliance 
    • Independent contractor (1099) evaluation
    • Implement state-specific pay laws 

    Protect your business from unwanted disruptions and let GMS be your trusted partner. Contact us today.

  • Calling all Georgia employees! Senate Bill 129 is here to revolutionize your work-life balance. Beginning July 1st, 2023, Georgia employees can take time off to vote in primaries and elections. This bill allows employees to take two hours off on election day or any designated day for early in-person voting.

    Now, you might be wondering about the logistics of this bill. Will you be compensated for this time off? The answer lies with your employer, as they have the discretion to decide whether the voting time off is paid or not. Employees must provide reasonable notice to their employer about their intention to take time off for voting.

    Sick Leave Updates

    Alongside the voting provisions, the Georgia legislature recently voted to repeal the sunset provision relating to the use of sick leave for the care of immediate family members. This change went into effect on May 1st, 2023, and aims to strengthen the support system for your loved ones.

    So, who exactly is considered immediate family? Immediate family members include the following:

    • Spouse
    • Children
    • Parents
    • Grandparents
    • Grandchildren
    • Dependents 

    This update builds upon the limited sick leave law enacted in 2017, taking it to the next level. If your private-sector employer provides paid sick leave, you can use up to five days of that leave to care for your immediate family. However, it’s essential to note that employers are not obligated to offer sick leave or permit more than five days of earned sick leave per calendar year for immediate family care.

    Partner With Us

    A professional employer organization (PEO) like GMS can play a significant role in assisting businesses and employees in navigating the changes brought about by Senate Bill 129. Our experts help you stay updated with the latest employment laws and regulations, including voting and sick leave policies. We provide expert guidance on complying with the new legislation, ensuring that employers understand their obligations and that employees know their rights. Ultimately, we bring expertise, resources, and tailored solutions to ensure that employers and employees can benefit from the changes and implement them seamlessly and competently. Contact us today to learn how we can make your business simpler, safer, and stronger.

  • Due to unidentified risks, 77% of companies faced operational mishaps within the last five years alone. Even with extensive safety measures and planning, accidents still happen, and unforeseen events could have catastrophic consequences for your employees and business. The source of a threat can come anywhere – from legal liabilities to accidents in the workplace and everything in between. That is why risk management is an essential component of any successful business strategy.

    By developing a robust risk management plan, you can mitigate these hazards and ensure you and your employees have appropriate training and are well-prepared to handle any unexpected challenges that may arise. As a small business owner, understanding the fundamentals of risk management is crucial to achieving your goals and keeping your employees safe.

    What Is Risk Management?

    Risk management involves identifying, assessing, and prioritizing potential risks that could negatively impact a company’s operations, reputation, or financial stability. It consists of evaluating the likelihood and impact of those risks and taking steps to mitigate or avoid them.

    In the United States, millions of workers suffer from serious job-related injuries every year, according to the Occupational Safety and Health Administration (OSHA), resulting in lost productivity, workers’ compensation claims, and increased insurance rates. Risk management is a proactive approach that works to prevent these types of accidents by identifying hazards and implementing strategies to minimize the likelihood of damage occurring and protect your employees.

    Understanding Workers’ Compensation 

    Workers’ compensation is a type of insurance that benefits employees who are injured or become ill due to their job. The goal of workers’ compensation is to ensure employees receive the medical care they need and receive compensation for lost wages.

    An employee must have been injured or become ill while on the job to be eligible for workers’ compensation benefits which include injuries that occur while traveling for work or attending a work-related event. Employees eligible for workers’ compensation benefits are entitled to receive benefits regardless of who was at fault for the injury. Additionally, you must report workplace injuries to your insurance carrier and provide the injured employee with the necessary paperwork to file a claim.

    Different types of workers’ compensation claims include medical care, lost wages, and disability benefits. Medical care benefits cover the cost of medical treatment related to the injury or illness. Lost wage benefits provide a portion of the employee’s regular wages while they cannot work due to the injury. Disability benefits provide ongoing financial support for employees who cannot return to work due to a permanent disability.
    Injuries covered by workers’ compensation can include everything from slips and falls to repetitive motion injuries. It’s essential that you have a clear understanding of the types of damages protected by workers’ compensation and ensure your employees are aware of their rights.

    While navigating the workers’ compensation claims process can be complex, there are practical steps employees can take to ensure they receive the benefits they are entitled to. These steps include reporting injuries promptly, seeking medical attention, and working with an experienced workers’ compensation organization. You should have a straightforward process in place for reporting workplace injuries and work closely with your insurance carrier to ensure that claims are processed efficiently.

    Workers’ Rights To A Safe Workplace

    Workplace safety is a critical issue that affects employees’ health, productivity, and overall well-being, and it’s your legal responsibility as their employer to comply with OSHA guidelines. Failure to comply with safety regulations can result in severe consequences, including fines, penalties, and legal action.

    The OSHA guidelines outline the minimum safety requirements that you must meet to ensure a safe working environment. These guidelines cover a range of issues, including hazard communication, personal protective equipment, machine guarding, and electrical safety. You must provide safety training and equipment to your employees and maintain records of workplace injuries and illnesses.

    Workers have the right to a safe working environment and can take steps to report safety violations in their workplace by filing a complaint with OSHA or their state’s workplace safety agency. Employees cannot be retaliated against for reporting safety violations.

    OSHA enforces these regulations through inspections and investigations of workplace safety violations. Employers found to be in violation of safety regulations can face significant fines and penalties. A serious violation can result in a fine of up to $15,625, while a willful violation can result in a fine of up to $156,259. In addition to financial penalties, employers may also face legal action and negative publicity for failing to provide a safe working environment.

    Violations include failure to provide proper safety equipment, inadequate training, and failure to maintain machinery and equipment. These violations can lead to severe injuries and even fatalities. For example, an employer who fails to provide proper fall protection equipment to employees working at heights can face serious consequences if an employee falls and suffers a fatal injury.
    However, you can take practical steps to ensure you meet safety requirements and avoid fines. These steps include conducting regular safety audits, providing proper safety training and equipment, and maintaining accurate workplace injuries and illnesses records. You can also consult with workplace safety experts to stay up-to-date on the latest safety regulations and best practices.

    Workplace Safety Strategies 

    There are a variety of workplace risks that can threaten your employees, including falls, chemical exposure, and electrical hazards. Failing to take the appropriate precautions can turn the workplace into a dangerous threat for your employees and a potentially devastating financial expense.

    Workplace safety involves identifying potential hazards in the area of operation and implementing measures to prevent accidents and injuries. Safety audits must occur regularly to find the best strategies to mitigate risks. This can include:

    • Providing employees with personal protective equipment (PPE)
    • Employee safety training on equipment and emergency drills
    • Implementing safety protocols for working with high-risk materials
    • Developing a comprehensive risk management plan that outlines potential risks and mitigation strategies
    • Working closely with insurance carriers to ensure that claims are processed efficiently

    Ensuring a safe work environment is an ongoing process that requires high levels of attention to protect your employees and minimize the financial impact of workplace incidents.

    Ongoing Risk Management

    Unfortunately, risk management is not a “one and done” type of process but requires continuous monitoring and revisions to your plan. It’s critical that you consistently reevaluate risks; proactive and preventive measures will benefit your business in the long term through:

    Identifying new risks: Business environments are constantly changing, and unknown challenges can emerge at any time. Ongoing monitoring and reviewing risks can help you identify new threats as they arise, allowing you to take proactive steps to mitigate them.

    Ensuring compliance: Laws and regulations related to risk management can change over time. Continued monitoring and reviewing of risks can help you ensure that you comply with any new laws or regulations pertaining to risk management, preventing legal issues and financial penalties.

    Improving decision-making: Ongoing risk monitoring and reviewing can provide you with valuable data and insights that can inform decision-making. This can help you make more informed decisions related to risk management, such as whether to invest in additional risk reduction measures or transfer risks to another party.

    Protecting the business’s reputation: Constant monitoring and reviewing risks can help you identify potential reputational risks before they become significant. You can take proactive steps to protect your reputation and maintain the trust of your customers and stakeholders.

    Minimizing financial losses: Effective risk management can help you reduce the economic impact of potential risks. For example, insurance coverage can help mitigate the financial impact of a natural disaster or other unexpected event.

    Enhancing stakeholder confidence: A risk management plan can enhance stakeholder confidence in your business by demonstrating you’re taking proactive steps to manage potential risks.

    Your Risk Management Plan

    Effective risk management means controlling future outcomes by acting proactively rather than reactively. Ultimately, by understanding the basics of risk management and implementing effective strategies, you can protect your business against potential risks and ensure its long-term success.

    The comprehensive process of risk planning combined with the ongoing need to monitor new and evolving risks is no easy task, especially when you’re already responsible for running the business itself. But you don’t need to do it alone; let us help you!

    Our extensive risk management services and experienced analysts help you stay ahead of risks associated with everything from workers’ compensation to workplace hazards. We build you a strategic risk management plan customized to your business. Additionally, we offer onsite consulting, job site inspections, training services, and OSHA inspection assistance so you no longer have to worry about potentially devastating accidents burdening your business. To find out which services will best benefit you and your business, contact us today!

  • We’ve discussed it before, but we’re here to dive deeper into the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. It’s a law that aims to protect nursing mothers in the workplace. Since it was signed into law on December 19th, 2022, the U.S. Department of Labor (DOL) has answered common questions employers may have. Let’s break it down.

    Background

    The PUMP Act builds on the Fair Labor Standards Act (FLSA), amended in 2019 by the Patient Protection and Affordable Care Act. The FLSA initially mandated reasonable break times and space for nursing employees to pump breast milk. The PUMP Act extends these protections to exempt workers who were not previously covered. This means that approximately 9 million additional employees now have lactation rights in the workplace. To help clarify the law, federal guidance has provided examples of what constitutes reasonable break times, prohibited retaliation against employees, and compensation guidelines.

    Under the FLSA, employers cannot retaliate against workers for exercising their lactation rights or filing a complaint about a legal violation. Companies with fewer than 50 employees can be exempt from the PUMP Act’s provisions if they demonstrate compliance would impose an undue hardship.

    Break Time Requirements

    Under the FLSA, employers must provide nursing employees with a reasonable amount of break time for pumping for up to one year after the child’s birth. The frequency, duration, and timing of these breaks will vary depending on the employee and the child’s needs. Employers cannot require nursing workers to make up for the time spent on these breaks. If an employee is not relieved from work duties during the entire break, the time spent pumping is considered hours worked and must be paid for that time. Exempt employees, on the other hand, receive their full weekly salary regardless of their pumping breaks.

    Space Requirements

    The FLSA also stipulates that nursing employees should have access to a suitable space for pumping that meets specific criteria. This space should be:

    • Shielded from view
    • Free from intrusion from coworkers and the public
    • Available each time it’s needed by the employee
    • Not be a bathroom 

    A bathroom is not an acceptable location for pumping breaks. Employers can create a temporary or converted space or make a designated area available if it meets the requirements mentioned above.

    Compensation

    The PUMP Act does not specifically require employers to compensate employees for pump breaks unless required by federal, state, or local laws. However, under the FLSA, all hours worked must be compensated, including time spent pumping if the employee is not completely relieved from duty during the break. Short breaks (usually 20 minutes or less) provided by the employer must be counted as hours worked. If an employer offers paid break time and a nursing employee chooses to use that time for pumping, they should be compensated like other employees taking breaks.

    Exemptions

    Some employers may not be exempt from specific requirements of the PUMP Act. Small employers with fewer than 50 employees can claim an exemption if compliance imposes an undue hardship. They must demonstrate that providing the necessary pumping time would cause significant difficulty or expense. There are also specific exemptions for certain employees in air carriers, rail carriers, and motorcoach services. The employer is responsible for proving that compliance with the pump time requirements would be an undue hardship in their specific circumstances.

    Remote Workers

    Remote workers are even entitled to the same lactation breaks as on-site employees. This means they have the right to a private, shielded space while pumping. Employers must ensure that remote workers are not observed during their pump breaks by any employer-provided or required video systems, such as computer cameras, security cameras, or web-conferencing platforms.

    Streamline Compliance With The Support Of A PEO

    Implementing the necessary changes to comply with the PUMP Act can seem overwhelming, especially for small businesses with limited resources. Have you considered partnering with a professional employer organization (PEO) like GMS? We provide comprehensive HR solutions, including compliance with labor laws and regulations. By partnering with GMS, small businesses can receive expert guidance and support in implementing the required policies and procedures for lactation breaks, ensuring they meet all legal obligations while prioritizing the well-being of their nursing employees.

    With a PEO by your side, you can now navigate the complexities of the PUMP Act with ease, saving time, reducing administrative burdens, and fostering a supportive environment for nursing mothers. Empower your business and embrace the PUMP Act with the assistance of a trusted PEO like GMS. Contact us today to learn more.