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  • In the aftermath of the COVID-19 pandemic’s economic repercussions, the landscape for employees drastically shifted. Temporary layoffs became a reality for thousands, prompting questions about accrued vacation pay and immediate compensation. A recent legal case in California brought this issue to the forefront, establishing critical insights into the obligations of employers during such chaotic times. Hotel employees were entitled to payment for accrued vacation following getting laid off without a specific return date.

    The Timeline: Layoffs And Legal Battles

    In March 2020, over 7,000 employees were laid off due to the pandemic’s ripple effect on business. However, it wasn’t until June 2020 that a termination notice was issued, marking an essential distinction in the eyes of the law. The employees argued that they were entitled to immediate payment for their accrued vacation time, which sparked a legal battle with their employer.

    The Dispute: Timing Of Accrued Vacation Pay

    At the heart of the dispute lies the question of when accrued vacation pay should be disbursed. The employees argued for immediate compensation upon the March 2020 layoff, citing California Labor Code’s prompt payment provisions. However, the employer held that such payment was only due upon the formal termination in June 2020.

    Legal Intervention

    The 9th U.S. Circuit Court of Appeals stepped in, underscoring the significance of prompt payment provisions within the California Labor Code. Reversing the initial judgment, the court directed the trial to consider the employer’s willingness to neglect immediate payment obligations. It drew upon Opinion Letter 1996.05.30 from the California Division of Labor Standards Enforcement (DLSE), affirming that a temporary layoff without a specified return date constitutes a discharge, triggering immediate payment of accrued wages.

    Additional Benefits

    Beyond accrued vacation pay, the case dove into the treatment of additional benefits received by the employees, specifically the value of complimentary hotel rooms. While the Fair Labor Standards Act (FLSA) excluded these benefits from regular pay calculations, the employees argued this exclusion. The court, however, upheld the exclusion, citing Department of Labor regulations that categorized such benefits as similar to other excludable payments under 29 C.F.R. Section 778.224.

    Implications And Clarity For Employers And Employees

    This legal battle sets a significant precedent, emphasizing the importance of prompt payment provisions during temporary layoffs. It solidifies that such scenarios constitute a discharge, necessitating immediate compensation for accrued vacation time, regardless of a formal termination date.

    In addition, the distinction drawn between regular pay calculations and additional benefits provides a clear guideline for similar cases. It ensures clarity regarding compensable income under state labor laws, obligating employers to meet immediate payment requirements for accrued wages during temporary layoffs. This minimizes financial uncertainties for affected employees and sets a precedent for fair treatment during temporary employment disruptions.

    Embracing Clarity In Uncertain Times

    In a rapidly evolving work landscape, understanding labor laws becomes paramount. This legal precedent empowers employees to assert their rights to prompt compensation and establish guidelines for fair treatment during uncertain employment periods. It serves as a crucial reminder for employers and employees to grasp evolving labor laws, ensuring protection and clarity amidst economic disruptions.

    Empowering Small Businesses Through Expert Guidance

    Managing layoffs and deciphering complex labor laws can be overwhelming for small business owners, especially during uncertain times. Small business owners wearing multiple hats, meet GMS, a professional employer organization (PEO). GMS’ experts tackle HR management, offering invaluable expertise in navigating layoffs, ensuring compliance with intricate labor laws, and implementing best practices.

    When you partner with a PEO like GMS, small business owners can access professional guidance, streamlined processes, and tailored strategies, allowing them to navigate layoffs with clarity and confidence. In times of mayhem, GMS empowers businesses to make informed decisions and uphold employee rights while managing the intricacies of workforce transitions. Contact us today to learn more.

  • As the year draws to a close, it’s a common practice for businesses to celebrate the season through holiday parties, bonuses, and granting time off. These traditions, steeped in goodwill, are an excellent opportunity to foster a sense of community and appreciation within the workplace. However, it’s crucial to approach these gestures with a sense of awareness and inclusivity.

    Often, when companies plan these end-of-year celebrations, they inadvertently lean towards Christmas and New Year-centric themes. This is evident in typical decorations, such as Christmas trees and ornaments, and the imagery chosen for holiday cards. While these elements are widely recognized and appreciated, it’s important to remember that not every team member will resonate with federally recognized holidays such as Christmas or even observe the same calendar for the New Year.

    It can be a challenging season to navigate, and the last thing you want to do is alienate a staff member. We’ve put together a few ideas to help you create an inclusive environment.

    Holidays To Note

    Start with awareness. In our diverse and globalized world, the winter season carries a variety of cultural and religious celebrations. Recognizing and acknowledging these differences can transform your workplace into a more inclusive and respectful environment. Significant fall and winter holidays that your team members might observe include the following:

    • Bodhi Day: Observed by Buddhists worldwide, this day commemorates the enlightenment of Siddhartha Gautama, who became the Buddha. The day of celebrations varies from community to community; however, it has a wildly recognized fixed day each year on December 8th and is generally a time for meditation and reflection.
    • Hanukkah: An eight-day Jewish festival, Hanukkah is celebrated with the lighting of the menorah, special foods, games, and gifts.
    • Kwanzaa: A week-long celebration from December 26th through January 1st honoring African heritage in African-American culture. Kwanzaa is based on African Harvest festival traditions from various parts of West and Southeast Africa and involves music, dance, poetry, and a large traditional meal.
    • Lunar New Year: Commonly associated with Chinese New Year, this is celebrated in many Asian countries and begins with the first new moon of the lunar calendar. It’s marked with a thorough house cleaning to remove bad luck, in addition to family gatherings, traditional foods, parades, and more.

    There are many more holidays throughout the year that are equally important to note, such as Eid-al-Fitr, which marks the end of Ramadan – the holy month of fasting in Islam. Acknowledging widely celebrated and less commonly known holidays demonstrates your dedication to fostering an inclusive workplace. It also reflects your consideration of your team members’ unique needs and cultural backgrounds.

    Inclusive Ways To Celebrate

    While it’s not feasible for your business to celebrate every holiday, being aware of them and understanding how your staff honors these days can significantly contribute to creating a respectful and welcoming atmosphere.

    You can help foster a more inclusive workplace in many ways, including decorations. Try to avoid Christmas trees altogether and instead try snowflakes and other general winter décor. Offer flexible time off policies for your team to use on the days most important to them – even if they are not officially recognized public holidays.

    Consider organizing educational sessions or workshops to further enhance inclusivity and cultural awareness. Each session’s goal should be to inform and engage employees in learning about the rich tapestry of cultural celebrations their colleagues may observe.

    *Please note: when organizing these sessions, it’s crucial to ensure they are used for general educational purposes and not as a platform to single out any individual staff member inadvertently. Avoid putting any team member in an uncomfortable position where they feel compelled to be the spokesperson for a particular holiday or cultural practice. The objective is to foster a learning environment that is respectful, inclusive, and enriching for all.

    Another way to help your team stay informed is to maintain a calendar of upcoming holidays. Utilize an internal newsletter or bulletin to share information about these holidays. Each edition could highlight upcoming celebrations, providing a brief history, the significance of the holiday, and typical ways to celebrate. This approach educates and builds anticipation and respect for these diverse celebrations.

    Holidays Aren’t Always Positive

    The holiday season, often portrayed as a time of joy and celebration, can evoke many emotions, including negative ones. In 2022, around 31% of individuals experienced increased stress, anxiety, and depression during the holidays. Factors such as financial pressures, the pain of grief, and feelings of loneliness are high contributors to mental health crises this time of year.

    In light of this, taking proactive measures to support your team’s mental well-being is essential. One practical approach is to provide easy access to mental health resources or counseling services. These could include employee assistance programs (EAPs), mental health days, stress management and self-care workshops, or partnerships with mental health professionals who can offer guidance and support.

    Fostering a workplace culture where mental health is openly discussed and destigmatized can be incredibly beneficial. Encouraging open dialogues about mental health, sharing resources and information in internal communications, and training managers to recognize signs of stress and mental health struggles in their teams are all valuable steps.

    How GMS Can Help

    If you’re looking for ways to reengage your team, ‘tis the season to partner with a professional employer organization (PEO) like GMS to help. Creating an inclusive workplace starts with your internal policies and procedures.

    At GMS, we offer audits focused on compliance, best practices, strategy, and function-specific HR areas to ensure that your policies not only align with your organizational goals but are also current and effective. Contact us today, and let us help you create and maintain a compliant and inclusive workplace.

  • In a move aimed at fostering opportunities for individuals with prior convictions, New York has taken a significant step forward by enacting the Clean Slate Act, which is set to take effect on November 16th, 2024. New York joined a handful of states embracing similar legislation; this act promises to transform the lives of many by automatically sealing certain criminal records, thereby advocating for second chance hiring and reintegration into society.

    The essence of this law lies in its mission to encourage employment for those with past criminal convictions while balancing the needs of employers to safeguard their interests. Under this legislation, the records of individuals convicted of specific state crimes will be sealed from public access after meeting the outlined criteria.

    Eligibility Criteria: Clearing The Slate

    For misdemeanor convictions, a minimum of three years after release from incarceration or sentence imposition is required for automatic sealing. Felony convictions demand at least eight years post-release from incarceration, provided there are no pending charges and no supervision from probation or parole departments.

    However, it’s crucial to note that certain convictions, such as Class A felonies warranting life imprisonment and offenses mandating registration as a sex offender, remain ineligible for sealing.

    Balancing Access And Protection

    While promoting reintegration into society, the law provides access to sealed records in specific instances. Entities such as courts, law enforcement, and those maintained by law for conducting background checks will still have access to these records under defined circumstances.

    Empowering Employers And Job Seekers

    For employers navigating this change, it’s imperative to understand the implications. The law doesn’t clear employers from conducting job-related analyses before taking adverse actions based on criminal convictions. Factors ranging from the nature of the offense to rehabilitation efforts must be considered in making informed hiring decisions.

    However, with sealed records, candidates may face confusion regarding the status of their past convictions during background checks. Employers must be prepared for such scenarios and uphold compliance with the state and local hiring requirements, ensuring consistency and legal adherence in their employment practices.

    Looking Ahead

    New York’s Clean Slate Act signifies a meaningful shift towards providing equitable opportunities for individuals seeking redemption from past mistakes. It underscores the importance of rehabilitation and societal reintegration while upholding the responsibilities of employers and job seekers in navigating these changes.

    Employers are encouraged to seek legal counsel to align their practices with the evolving legal landscape and ensure fair, informed, and compliant hiring changes. Or, you could consider partnering with a professional employer organization (PEO) like GMS. Our HR experts provide small business owners with expertise in navigating nuanced employment laws, ensuring fair and compliant hiring practices, and providing crucial guidance to employers seeking to embrace the spirit of this legislation. We can pave the way for a more inclusive and equitable workforce. Contact us today to learn more.

  • As we usher in a new year, now is an ideal time for companies to reassess, revamp, and realign their strategies. Amidst the flurry of resolutions and fresh starts, updating the employee handbook is one essential yet often overlooked aspect of this renewal process. This crucial document is the cornerstone of your company’s policies, guiding principles, and expectations for your workforce. Let’s take a closer look into the importance of revitalizing your handbook and how it can lay the groundwork for a successful year ahead.

    Reflecting Current Standards And Practices

    The business landscape is constantly changing, influenced by technological advancements, industry changes, and evolving societal norms. As a business owner, your employee handbook should mirror your organization’s current standards and practices. Updating your handbook ensures that your policies align with the following:

    • Latest legal requirements 
    • Industry best practices
    • Internal adjustments within your company 

    Fostering A Positive Workplace Culture

    Beyond legal compliance, the handbook is a tool for fostering a positive workplace culture. Emphasizing your company’s values, mission, and vision in the handbook reaffirms your commitment to creating an inclusive, diverse, and supportive work environment. Integrating policies that promote work-life balance, mental health support, and professional development opportunities underscores your dedication to employee well-being and growth.

    Promoting Clarity And Consistency

    Within any organization, clarity in communication is paramount. An updated handbook minimizes ambiguity by offering clear and consistent guidelines on company policies, procedures, and expectations. This clarity reduces misunderstandings and mitigates potential conflicts, allowing employees to navigate their roles confidently and align their actions with organizational goals.

    Adapting To Technological Advancements

    The rapid evolution of technology often introduces new tools and methods that streamline workflows and enhance productivity. Your handbook should reflect these changes, offering guidance on using new technologies, remote work policies, data security protocols, and any other technological advancements relevant to your industry.

    Strategic Steps For Handbook Enhancement

    As a business owner, we get that time is of the essence, and updating your employee handbook might feel daunting. Fortunately, we’ve got your back and have come up with four quick steps to spruce up your employee handbook without getting lost in the details.

    1. Comprehensive review: Begin with thoroughly reviewing your current handbook, noting outdated policies or areas requiring updates. 
    2. Legal compliance check: Collaborate with legal counsel to ensure all policies comply with current employment laws and regulations. 
    3. Engage employees: Consider seeking input from employees to identify areas for improvement or clarification in the handbook. 
    4. Communication strategy: Once updated, communicate the changes effectively to all staff members, ensuring accessibility and understanding. 

    GMS’ HR Account Manager Claire Dobish added, “Handbooks set clear expectations regarding their rights, responsibilities, and overall company standards. Keeping your handbook up-to-date reduces the risk of misunderstandings and issues between employees and employers. GMS updates their handbooks yearly to ensure state and federal compliances are in place to assist small business owners.”

    Still Feel Like A Daunting Task?

    Understanding the demands of your time is crucial, and revising an employee handbook may seem like an additional mountain to conquer. Yet, the significance of this document for your business remains undeniable.

    Meet Group Management Services (GMS), a distinguished professional employer organization (PEO). We take on the intricacies of your business’s operational aspects, including the burden that revising your handbook can impose. Our expertise becomes your advantage in streamlining this process.

    With our tailored solutions, we aim to alleviate the weight of administrative tasks, allowing you to focus on propelling your business forward. Elevate your handbook seamlessly and let GMS empower your business with an updated, compliant, and finely tuned handbook for 2024. Your time is precious – let us ensure it’s spent on strategic endeavors, not administrative challenges. Ready to redefine your employee handbook? Partner with GMS for an efficient, compliant, and confident future. Contact us today.

  • Amidst the shifting dynamics of modern workplaces, fostering employee engagement stands as a cornerstone of organizational success. Engaged employees aren’t just contributors; they drive innovation, productivity, and positive company culture. The significance of nurturing engagement through quarterly check-ins cannot be overstated.

    Studies show 81% of employees feel they should receive feedback at least quarterly via check-ins with their manager. These structured sessions serve as valuable touchpoints between employees and managers, igniting a cycle of empowerment, growth, and heightened commitment.

    Cultivating Meaningful Connections

    Quarterly check-ins transcend the quick nature of routine meetings. They carve out dedicated time for meaningful conversations beyond day-to-day tasks. This structured approach allows employees and managers to delve deeper into accomplishments, challenges, aspirations, and personal development goals. The resulting connection builds trust and rapport, which fosters a sense of belonging and appreciation within the team.

    GMS’ HR Account Manager Danielle Zielaskiewicz, added, “When managers meet frequently with their employees, it allows for a more accurate measurement of employee performance. Regular touch bases can also establish a good rapport between managers and employees, acting as a temperature check to ensure employee engagement with the company.”

    Clarity In Expectations And Goals

    Crystal-clear communication forms the backbone of any successful professional relationship. Quarterly check-ins offer a platform to align expectations and set realistic, achievable goals. Through open dialogue, employees gain a deeper understanding of their roles within the organization’s larger vision. This clarity minimizes ambiguity, reducing stress and enhancing focus on strategic objectives.

    Continuous Feedback For Growth

    Frequent, ongoing feedback loops are rapidly replacing the traditional annual performance review model. Quarterly check-ins provide a moment for constructive feedback, enabling real-time course corrections and acknowledging accomplishments promptly. In addition, companies that provide regular feedback report 14.9% lower turnover rates than those who don’t provide feedback at all. This timely feedback loop is pivotal for continuous improvement, skill enhancement, and professional development.

    Enhanced Employee Engagement And Retention

    Engaged employees are more committed, productive, and invested in the organization’s success. Companies create a culture of inclusivity and appreciation by actively involving employees in these structured discussions. Feeling valued and heard, employees become more motivated to contribute their best, ultimately reducing turnover rates and bolstering retention.

    Driving Personal And Professional Growth

    Individual growth is intertwined with organizational success. Quarterly check-ins facilitate discussions on career aspirations, skill development, and training needs. This focus on personal and professional growth benefits the employee and aligns individual ambitions with the company’s objectives, ensuring a win-win scenario.

    Empowerment Through Connection

    In essence, formal quarterly check-ins transcend mere scheduled meetings; they represent a commitment to employee empowerment and engagement. These intentional interactions create a culture of open communication, trust, and collaboration. However, we understand that implementing these check-ins can’t be done in the blink of an eye. That’s where GMS, a professional employer organization (PEO), comes in to help.

    GMS’ HR experts provide business owners with support in streamlining HR processes, providing frameworks and guidance to integrate these check-ins into your business seamlessly. With our expertise in managing HR intricacies, GMS ensures these interactions become a seamless part of your company’s culture, creating an environment where employee engagement thrives organically. When you partner with GMS, you can elevate your approach to employee engagement, harnessing the power of structured interactions to drive success and growth within your organization. Interested in learning more? Contact us today.

  • As the end of the year approaches, it’s time to review your HR policies and ensure they are up-to-date and compliant. HR compliance is intricate and constantly evolving. It’s a complex issue that can’t be overlooked or hastily reviewed, as noncompliance can have severe long-term consequences.

    Noncompliance can lead to significant penalties, damage to your reputation, decreased employee retention, and lower job satisfaction – all of which can have detrimental effects on your business. It’s crucial to be proactive to mitigate these risks. Regular audits, education on legal changes, and consistent policy enforcement can safeguard your organization.

    Moreover, a culture of compliance can enhance your company’s image in the eyes of potential talent, customers, and partners, leading to better recruitment opportunities, customer trust, and strategic relationships. It also fosters a positive work environment, which is instrumental in boosting employee morale and engagement. Investing in HR compliance is not just about avoiding negative outcomes—it’s about creating a solid foundation for your business’s success and longevity.

    Maintaining compliance is complex, so we’ve gathered a few things to consider as you wrap up the year.

    What Is HR Compliance

    HR compliance is the practice of adhering to all labor laws and regulations at the federal, state, and city levels.

    • Federal laws: These broad regulations apply to all U.S. employers, covering minimum wage, anti-discrimination, and benefits. A few examples include the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, and the Affordable Care Act (ACA).
    • State laws: Each state has its own set of employment laws that can expand upon or differ from federal regulations. These include higher minimum wages, stricter anti-discrimination laws, or different overtime pay requirements.
    • Local laws: In some cases, local governments enact ordinances that affect employment practices within their jurisdictions. For example, some cities have their own paid sick leave requirements that are more generous than state or federal provisions.

    Businesses that operate across multiple states face a magnified challenge when it comes to compliance. You must ensure you’re not only meeting the federal baseline but also adhering to the varied requirements of each state in which you operate. 

    HR Compliance Checklist

    To set yourself up for success, wrap up the year by reviewing and ensuring your HR policies are up to date. While it can be a lot to manage, a little work now will save you time and stress later. The following is a list to get you started:

    OSHA regulations

    • Assess and update your job safety and health training programs to ensure they are current and effective.
    • Keep precise documentation of work-related injuries and illnesses using OSHA’s Form 300 log.
    • Evaluate personal protective equipment (PPE) needs to identify the required safety gear for employees.
    • Post the official OSHA Job Safety and Health poster in a prominent location where all employees can see it.
    • Establish and maintain transparent channels for employees to report workplace hazards or compliance issues without fear of retaliation.

    Workers’ compensation 

    • Ensure your business is compliant with state-level regulations for workers’ compensation. 
    • Establish and maintain correct protocols for reporting and filing workers’ compensation claims. 
    • Conduct an assessment of your workplace to confirm it’s secure and hazard-free. 

    Employee information and W-2s 

    • Check your records and ensure you have updated addresses from your team to ensure they receive their W-2s immediately.
    • Confirm you have all social security numbers or federal employer identification numbers (FEIN) to avoid penalties from the IRS.

    Benefits and leave

    • If you have 50 or more employees, you’re required to provide health care coverage under the ACA.
    • Review employee classifications to ensure accurate benefit entitlements.
    • Familiarize yourself with the Family and Medical Leave Act (FMLA), which allows up to 12 work weeks of leave annually and requires you to keep records for no less than three years.
    • Review and communicate your leave application process to ensure employees understand how to request leave and the approval process.
    • Perform a thorough examination of all benefit offerings to verify their adherence to regulatory standards.

    Hiring practices

    • Review your hiring practices and job postings. Avoid discriminatory language that would violate Title VII of the Civil Rights Act.
    • Retrain your hiring managers on appropriate interview questions to avoid any illegal questions. For example, you can’t ask if someone has a disability or a medical condition. You can, however, ask if they will be able to perform the job with or without reasonable accommodation.

    Onboarding

    • Update your employee policies and ensure employees have easy access to them via an employee handbook.
    • Review your onboarding process to ensure each new hire understands your company’s policies and how to remain compliant.

    While this checklist is comprehensive, it does not encompass everything your business needs to ensure compliance. You should revisit laws and regulations specific to your industry and location to ensure you haven’t missed anything.

    How GMS Can Help

    As a business owner, you may discover that you can no longer manage administrative tasks or keep up with the ins and outs of HR. That’s where we come in. We manage a range of responsibilities for your business. From payroll tax to employee benefits, we focus on administrative work so you can focus on what truly matters in your business.

    At GMS, we take HR off your plate. In addition, we offer four types of HR audit programs to meet your specific needs, including the following:

    • Compliance audit: This focuses on how compliant your business is with federal, state, and local laws and regulations.
    • Best practices audit: This audit reviews your competitive advantage by comparing your HR practices to proven best practices.
    • Strategic audit: This audit helps identify your strengths and weaknesses and helps ensure your HR processes align with your organization’s strategic plan.
    • Function-specific audit: Need help with something specific? We can run focused audits on areas such as payroll, hiring and onboarding, and risk management, to name a few.

    For all of your HR needs, we’re here to help. We’ll connect you with one of our dedicated HR specialists who can lighten your load so you can focus on other areas of your business. Contact us today!

  • On November 7th, 2023, Ohio marked a historic moment by becoming the 24th state to legalize adult-use (recreational) cannabis. Recreational marijuana is essentially marijuana used for enjoyment rather than for health benefits (medical). This groundbreaking decision brought to fruition through Issue 2, a citizen-initiated statute, signifies a significant shift in public perception compared to the rejection of a similar effort in 2015. With approximately 57% of voters supporting the move, Issue 2 is set to take effect 30 days after election day, allowing adults aged 21 and older to purchase and possess up to 2.5 ounces of cannabis and grow their own at home.

    The Legislation In Detail

    Issue 2 not only paves the way for personal cannabis use but also establishes the Division of Cannabis Control within the Department of Commerce. This regulatory body will oversee and license commercial cultivation, testing, and cannabis sales. While the full regulatory framework is anticipated to be in place by 2024, the law has already set the groundwork for a 10% tax on marijuana sales. The generated revenue will be directed towards a cannabis social equity and jobs program, contributing to community development.

    Employer Protections Under Issue 2

    Issue 2 provides a framework that safeguards employers’ rights to manage their workplaces in light of the new cannabis laws. These protections mirror those found in the Ohio Medical Marijuana Law and include:

    1. Employer discretion: Employers are not obligated to permit or accommodate employees’ cannabis use, possession, or distribution.
    2. Hiring and employment actions: Employers can refuse to hire or take adverse employment actions against individuals based on cannabis use, possession, or distribution.
    3. Legal immunity: Employees cannot sue employers for refusing to hire or taking adverse actions related to their cannabis use.
    4. Drug policies: Employers are empowered to establish and enforce drug testing policies, drug-free workplace policies, or zero-tolerance drug policies.
    5. Workers’ compensation: The Ohio Bureau of Workers’ Compensation can continue granting rebates or discounts to employers participating in drug-free workplace programs.
    6. Unemployment compensation: If an employee is terminated due to cannabis use violating workplace policies, it’s considered “just cause” under the Unemployment Compensation Law, rendering them ineligible for benefits.
    7. Federal compliance: Issue 2 does not impede federal employment restrictions, including U.S. Department of Transportation regulations.

    Potential Amendments And Future Outlook

    Since Issue 2 is an initiated statute rather than a constitutional amendment, the General Assembly can amend it. Senate President Matt Huffman hinted at potential amendments, addressing concerns about THC limits, tax rates, and other aspects of the statute. The future actions of the General Assembly will undoubtedly shape the ongoing narrative of cannabis legalization in Ohio.

    The Role Of A PEO

    Ohio’s embrace of adult-use cannabis through Issue 2 signifies a progressive step forward, aligning with evolving perspectives on marijuana. As the state enters uncharted territory, navigating the regulatory landscape and ensuring compliance becomes paramount for businesses. Here’s where a professional employer organization (PEO) can play a crucial role for Ohio business owners.

    With HR experts well-versed in the intricacies of employment laws, a PEO like GMS can guide businesses through the nuances of Issue 2, helping them establish and enforce policies, navigate potential legal pitfalls, and stay abreast of any amendments to the statute. In this new era of cannabis legalization, GMS becomes a valuable partner, offering expertise to ensure smooth operations and compliance within the framework of Ohio’s pioneering legislation. Are you interested in learning more? Contact our HR experts today.

  • Performance reviews can be powerful catalysts for employee improvement. Unfortunately, the mark is often missed when using traditional review processes, leading to ineffective meetings and causing unnecessary stress for both managers and employees.

    Still, employees appreciate genuine feedback and want to hear about their performance from their managers. In fact, 65% of employees desire more feedback than they currently receive. When executed with care and precision, performance evaluations offer employees valuable insights and a pathway to grow in their roles.

    In other words, effective performance evaluations are a conduit for fostering continuous growth, open communication, and a more vibrant workplace culture.

    What Is A Performance Review

    A performance review allows managers and direct reports to have a focused conversation regarding an employee’s performance, impact, and development. The most common form of a performance review is the annual assessment, often characterized by its lengthy nature, as it attempts to encapsulate an entire year’s worth of work. Traditionally, these reviews focus on past performance rather than looking forward to the upcoming year.

    In addition to annual reviews, there are several other review intervals, each serving distinct purposes, including:

    • Quarterly performance reviews are valuable for setting substantial objectives such as sales targets and business growth. A three-month timeframe typically allows sufficient time for achieving these goals.
    • Monthly performance reviews are particularly beneficial for businesses that engage short-term contractors and consistently onboard new hires. They help ensure alignment with the company’s requirements and expectations.
    • Weekly or biweekly performance reviews serve as practical tools for record-keeping and project management, aiding in maintaining project timelines and progress tracking.

    Performance Review Pitfalls

    More often than not, employers use performance reviews to assess promotions and salary increases. However, a growing body of evidence suggests linking monetary rewards to these reviews may have unintended negative consequences. Specifically, this approach may lead to employees focusing solely on their own productivity rather than their connection to the company’s broader mission. Over time, this can contribute to employee disengagement, a concern particularly relevant to business owners aiming to maintain a motivated and committed workforce. Other common mistakes include:

    • One-sided conversations: When feedback is given unilaterally without encouraging constructive dialogue between managers and employees, this often leads to disengaged and frustrated employees and hinders the effectiveness of reviews.
    • Top-of-mind feedback: This is when reviews rely on immediate, subjective impressions rather than comprehensive and well-considered assessments.
    • Time constraints: Another common issue is when busy managers conduct rushed reviews, neglecting to dedicate adequate time and attention to each review.
    • Unrealistic goals or expectations: The goals and objectives used to evaluate employees must adhere to the SMART criteria (specific, measurable, achievable, relevant, and time-bound). Unrealistic high-performance standards can result in employees feeling frustrated and dissatisfied.
    • Surprises: Springing reviews or providing unexpected feedback or criticisms on employees during reviews can be disheartening and counterproductive to building a motivated workforce.

    Five Tips For Successful Performance Reviews

    To mitigate these common pitfalls, you need to be clear about the purpose of your performance evaluations. The primary aim should be to foster growth and development in employees, providing them with the vital feedback they need to excel in their roles. By reframing the purpose of these evaluations, you can ensure that managers and employees approach them with a positive mindset, viewing them as opportunities for improvement rather than mere assessments. Additionally, you can help create positive reviews through:

    1. Preparing yourself and your employees

    Each review should be carefully prepared by you and your leadership team. Take the time to reflect on your employee’s work, write down your feedback, and use it to guide your conversation. Gather examples, review goals and progress, and ask your employees to do the same. This way, you can ensure the meeting stays relevant, and you address all the critical points.

    2. Structuring the review

    Just as you wouldn’t attend a board meeting without an agenda, doing the same for a performance review is essential. While these reviews can be more relaxed, having a loose structure in place ensures that you and your employees can share your prepared thoughts and feedback effectively.

    Allow time for open-ended questions, such as “How can I support you in achieving your goals?” and “What do you hope to accomplish by your next review?” These questions foster meaningful conversations, encourage goal setting, and promote a collaborative approach to performance improvement.

    3. Focusing on the future

    Performance reviews can be stressful, particularly when addressing challenges or recent setbacks. To help alleviate some stress, conclude each review with clear and actionable next steps. This helps limit ambiguity and provides a well-defined path forward for improvement.

    In addition, try to end the review on a positive note and convey your support for the employee’s success. Make it clear that you’re on their side and are committed to their growth and development within the organization. This reassures the employee and fosters a more constructive and motivating review process.

    4. Being transparent

    Furthermore, the review itself should not contain unexpected revelations or surprises. Avoid withholding negative feedback for the review; instead, make it a point to regularly engage with your employees and share feedback as part of ongoing, open communication. This approach fosters transparency, reduces anxiety, and promotes continuous improvement.

    5. Making time

    Ensure your managers have dedicated, uninterrupted time for performance reviews, free from distractions caused by other tasks or team members. Additionally, carefully consider the logistics and setting of these reviews:

    • Will the review be conducted in an open or closed-door environment?
    • Should it be scheduled in the morning or in the afternoon?
    • Determine the necessary duration of the review.
    • Identify and mitigate potential distractions in advance.
    • Choose between a formal or relaxed setting to create the right atmosphere for the discussion.

    Performance Review Services

    As a business owner, performance management is critical to making training, career development, compensation, transfers, promotions, and termination decisions. It allows you to set clear goals and expectations for each employee and provide feedback about their performance related to those goals.
    Professional employer organizations (PEOs) like GMS can help. GMS offers comprehensive review services that can:

    • Demystify the approach to implementing performance management for any type or size of organization.
    • Recommend the best way to set up an employee appraisal and review process.
    • Optimize or change a current review process based on what is and isn’t working with an existing process or method.
    • Assess and develop employee performance review forms.
    • Review scores and feedback and identify top and bottom performers, leading to conversations regarding promotion, training, discipline, or termination.
    • Move an organization to an online, electronic system for maximum efficiency when conducting a review process.

    Ready to get started? Contact us today, and let us help your team!

  • In a move for California’s food industry, Governor Gavin Newsom signed Senate Bill (SB) 476 into law in October. This legislation, set to take effect on January 1st, 2024, carries significant implications for the state’s food facility employers and their workers. Under SB 476, food facility employers are now mandated to pay for their employees’ food handler cards and the time spent obtaining them, marking a significant leap forward in protecting the rights and well-being of food service workers.

    What Is A Food Handler Card, And Why Does It Matter?

    Before we dive into the details of SB 476, let’s get a better understanding of what a food handler card is and why it’s crucial. A food handler card is a certification required by the state Health and Safety Code for anyone involved in the preparation, storage, or service of food in a food facility. It’s designed to ensure that those working with food possess the necessary knowledge and skills to maintain the safety and hygiene standards crucial in the food industry.

    Before SB 476, obtaining a food handler card was often an expense borne by the employee, including the costs associated with taking the necessary training courses and examinations. However, with the new legislation, a fundamental shift in responsibility has occurred.

    The Power Of SB 476

    Under the provisions of SB 476, employers must now cover all costs associated with their employees obtaining a food handler card. This not only includes the cost of the certification but also compensates employees for their time spent attending training courses and taking examinations. This law mandates that employees are relieved of all other work duties while undergoing this training.

    One of the most notable aspects of SB 476 is the prohibition against conditioning employment on the applicant or employee having an existing food handler card. This means that obtaining a card is no longer a prerequisite for employment, which can open doors for many job seekers and reduce barriers to entry in the food industry. With this change, the focus is on providing employees with the tools and training they need to succeed in their roles.

    A Win-Win For Employers And Employees

    SB 476 represents a win-win situation for both food facility employers and their employees. Employers benefit from a more knowledgeable and skilled workforce, which can lead to improved food safety and customer satisfaction. On the other hand, employees can take advantage of enhanced opportunities for employment and career growth within the food industry, all while being fairly compensated for their time and expenses in obtaining their food handler cards.

    How A PEO Can Help Business Owners

    Navigating these changes and ensuring compliance can be a complex process for business owners, particularly in the food industry. The following is how a PEO like GMS can provide invaluable assistance to your business in California:

    1. HR expertise: GMS offers expertise in human resources, ensuring that businesses understand the implications of SB 476 and helping them develop policies and procedures to remain compliant. They can advise on how to structure compensation, reimbursements, and employee time management effectively.
    2. Training and education: We provide access to training and educational resources that can assist businesses in offering the required food handler courses to their employees through our learning management system (LMS). This can streamline the process, ensuring employees receive the training they need.
    3. Compliance assistance: SB 476 introduces a significant level of complexity regarding employee compensation and compliance. Our experts help business owners understand and adhere to these new requirements, reducing the risk of legal issues and penalties.
    4. Recruitment and onboarding: Since SB 476 eliminates the need for food handler cards as a precondition for employment, businesses might face an influx of job applicants. Our HR experts can help streamline the recruitment and onboarding process, saving time and resources.
    5. Employee benefits: We offer comprehensive benefits packages that can help businesses attract and retain top talent in a competitive industry. This can be appealing to potential employees who value additional benefits beyond fair compensation.

    By leveraging GMS’ expertise, training resources, and support, California business owners in the food industry can thrive in this evolving landscape while prioritizing their employees and their bottom line. Contact us today to learn more.

  • In today’s fast-paced and competitive business landscape, effective performance management is essential for an organization’s success. Performance management tools have traditionally focused on measurement, providing valuable insights into key performance indicators (KPIs) and individual or team performance metrics. While measurement remains a critical aspect, the true potential of these tools extends far beyond quantification.

    The Limitations Of Pure Measurement

    Performance management tools primarily focusing on measurement tend to capture only a narrow view of employee or team performance. Metrics such as sales targets met or deadlines adhered to are undoubtedly important, but they do not paint a complete picture. They fail to account for the nuances of an individual’s contributions, the underlying factors affecting performance, or the broader context in which work occurs. To truly harness the potential of your workforce, performance management tools must go beyond these quantitative metrics.

    Shifting Toward Holistic Assessment

    Performance management tools can be transformational when they adopt a more holistic approach to assessing performance. This entails considering qualitative aspects such as skills development, innovation, collaboration, and the overall impact of an employee or team on the organization’s mission and values. Holistic assessment recognizes that employee engagement, job satisfaction, and personal growth are as crucial as hitting numerical targets. It’s about understanding the “how” and “why” behind performance, not just the “what.”

    Encouraging Continuous Feedback And Improvement

    Beyond measurement, performance management tools can promote a culture of continuous feedback and improvement. Regular check-ins, self-assessments, and peer reviews can provide valuable insights into an employee’s strengths and areas for development. When these insights are integrated into the performance management process, employees can be empowered to take control of their growth and development, creating a more engaged and motivated workforce.

    Fostering Employee Development

    One of the most powerful aspects of performance management tools that transcend measurement is their role in fostering employee development. By focusing on learning and growth opportunities, these tools can facilitate skills development, career progression, and personal development plans. When employees see that their organization is genuinely invested in their growth, they become more committed, motivated, and loyal.

    Aligning Performance With Organizational Goals

    Performance management tools that go beyond measurement help align individual and team performance with broader organizational goals. This alignment is critical for achieving a shared vision and ensuring that employees contribute to the company’s strategic objectives. When everyone understands how their work connects to the bigger picture, motivation, and engagement soar.

    Enhancing Manager-Employee Relationships

    Performance management tools also play a pivotal role in strengthening manager-employee relationships. Regular feedback and open communication create an environment of trust and transparency. When managers focus on guiding and coaching their team members rather than simply evaluating their performance, a collaborative and supportive atmosphere is essential.

    Acknowledging The Human Element

    In the pursuit of transcending measurement, performance management tools must recognize the intrinsic human element in performance. Emotions, aspirations, and the work environment all influence how employees perform. Tools that acknowledge these factors are better equipped to help individuals and teams reach their full potential.

    Unlocking Business Potential

    As the business environment continues to evolve, the support of a professional employer organization (PEO) becomes increasingly important. PEOs like GMS extend a helping hand that reaches far beyond the conventional realms of HR and payroll services. They bring a holistic approach that empowers organizations to hone in on their core strengths. With their expert guidance on compliance, benefits administration, and risk management, PEOs liberate precious time and resources. This liberation, in turn, allows businesses to not just survive but truly thrive.

    At GMS, our HR experts ensure that your employee policies comply with all legal regulations and policies. Our performance review system offers the following:

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

    By partnering with a PEO, companies can navigate the intricate maze of workforce management, shed the weight of administrative tasks, and cultivate an environment that nurtures employee growth and development. In a world where operational efficiency and strategic expansion are paramount, PEO assistance isn’t merely an option; it’s a strategy that serves as the driving force behind a company’s progress. Contact our experts at GMS today.