2025 W-2 Forms are now available in your GMS Connect employee portal here.

Request a call Login

  • Recruiting top talent is crucial for the success and growth of any business, but it’s especially vital for small business owners. For small business owners, the stakes are high, and every decision can make or break the future of your business. And when it comes to securing the right talent, there’s simply no room for error.

    Unfortunately, many small business owners make critical recruiting mistakes that can hinder their ability to attract and retain the best employees. However, we’re here to provide insights on the top recruiting mistakes that small business owners should avoid and how to steer clear of them.

    Lacking A Clear Job Description

    One common recruiting mistake is not having a well-defined job description. Without a clear understanding of what the job entails, you’ll have trouble finding the right candidate. To avoid these mistakes, create detailed job descriptions that include responsibilities, qualifications, and expectations. This will attract candidates who genuinely understand and are interested in the role.

    Rushing The Hiring Process

    Oftentimes, small business owners face pressure to fill a position quickly. However, rushing the hiring process can lead to poor choices and costly turnovers. Take your time to vet candidates properly, conduct interviews, and assess their fit with your company culture. A thorough process will pay off in the long run.

    Ignoring Cultural Fit

    Your company culture plays a vital role in employee satisfaction and retention. Ignoring cultural fit can lead to a disconnection between employees and the business. Ensure that you assess candidates not only for their skills but also for their alignment with your company’s values and culture.

    Neglecting A Diverse Workforce

    Diversity in the workplace brings different perspectives, ideas, and problem-solving approaches, which can benefit your business immensely. Failing to prioritize diversity in your recruitment efforts can limit your company’s growth and innovation potential. Make it a point to create a diverse talent pool and cultivate an inclusive workplace.

    Underestimating The Importance Of Onboarding

    Recruiting doesn’t end once you’ve hired someone. Effective onboarding is essential to help new employees acclimate to their roles and the company. Neglecting this phase can result in disengagement and a lack of job satisfaction. It’s essential to create a structured onboarding process to ensure a smooth transition for new hires.

    Not Leveraging Technology

    In today’s digital age, small businesses that avoid leveraging recruitment technology are missing out on valuable tools for streamlining the hiring process. Applicant tracking systems (ATS), job boards, and video interviews can make your recruiting efforts more efficient and effective.

    Neglecting Employer Branding

    Your employer brand is what sets you apart from the competition and can influence a candidate’s decision to work for your company. Failing to build a strong employer brand can limit your ability to attract top talent. Showcase your company’s unique qualities, values, and success stories to make your business an attractive option for potential hires.

    Overlooking References And Background Checks

    Failing to check references and conduct background checks can lead to hiring individuals who may not be a good fit for your organization. Don’t skip this crucial step, as it provides valuable insights into a candidate’s history and character.

    Look No Further, GMS Is Here To Help

    Being a small business owner comes with many challenges; however, a professional employer organization (PEO) can help you navigate these challenges, especially with recruiting. You didn’t start your business to specialize in recruiting, but with a PEO like GMS, and its comprehensive suite of HR services, you can avoid the recruitment mistakes discussed in this blog.

    GMS’ HR Account Managers specialize in crafting well-defined job descriptions, ensuring you attract candidates who genuinely fit the role. They excel in creating efficient and streamlined hiring processes, saving you valuable time and resources while finding you top talent. At the end of the day, PEOs understand the importance of cultural fit and can guide you in aligning candidates with your company’s values and culture. When it comes to onboarding, GMS offers structured, effective processes to ensure new employees seamlessly transition into their roles, thereby reducing the risk of disengagement or early turnover.

    By partnering with GMS, you’re not only avoiding common recruiting pitfalls but also ensuring that you secure the best talent for your small business while freeing up your time and resources to focus on what you do best. Invest in your business’s future, embrace the assistance of a PEO, and watch as your small business flourishes and achieves the remarkable success you’ve envisioned. Contact us today to learn more.

  • In the world of employment verification, staying up-to-date with the latest regulations is crucial for employers and employees. Effective November 1st, 2023, significant changes have been made to Form I-9, Employment Eligibility Verification. These changes impact how employers verify the eligibility of their employees to work in the United States. If you’re a business owner, continue reading to closely examine the revisions made to Form I-9 and the implications for employers.

    The August 1st, 2023, version of Form I-9 brings a range of revisions designed to enhance its usability, accessibility, and compliance. The following are notable changes:

    1. Tablet and mobile compatibility: Form I-9 has been redesigned to be fillable on tablets and mobile devices, making it easier for employers and employees to complete the form electronically. 

    2. Remote verification option: A significant change is the addition of a checkbox that allows certain employers to indicate they have examined Form I-9 documentation remotely. This alternative procedure aligns with the U.S. Department of Homeland Security’s new guidelines. It provides an option for remote examination rather than physical examination of documentation. This change is especially significant in light of the shift towards more flexible and remote work arrangements.

    3. Redesigned Lists of Acceptable Documents page: The Lists of Acceptable Documents page has been updated for clarity and ease of use. This section guides employers and employees on which documents are acceptable for establishing identity and employment authorization.

    4. Updated notice to avoid discrimination: Form I-9 now includes an updated notice that provides guidance on preventing discrimination in the Form I-9 process. Ensuring the employment eligibility verification process is free from bias and discrimination is critical.

    5. Reduced instruction pages: The instructions accompanying the Form I-9 have been streamlined. Previously, there were 15 pages of instructions; now, there are only eight. This reduction aims to make the instructions more concise and user-friendly, helping employers and employees navigate the process more efficiently.

    New Edition Date

    The key change to Form I-9 is its edition date. Employers are now required to use the most current version of the form, dated August 1st, 2023. The previous edition, dated October 21st, 2019, will be valid until October 31st, 2023. From November 1st onwards, it’s essential for employers to switch to the updated form to ensure compliance with the latest regulations.

    Forms For Existing Employees

    The good news for employers is that they do not need to complete a new Form I-9 for current employees with a properly completed Form I-9. Unless re-verification is required for an employee after October 31st, refiling the updated form for existing workers is unnecessary.

    Consider Utilizing A PEO

    Navigating the employment verification and compliance landscape, many businesses are turning to professional employer organizations (PEOs) for expert assistance. PEOs like GMS are well-versed in the intricacies of Form I-9 and a broader realm of HR compliance. By partnering with a PEO, businesses can ensure that they seamlessly implement these changes, stay compliant with regulations, and reduce the administrative burdens associated with managing the workforce. Whether it’s adopting the latest edition of Form I-9, incorporating remote verification processes, or providing comprehensive guidance to employees, a PEO offers the expertise and support that can make a crucial difference in helping businesses thrive in an environment where compliance is paramount. When navigating these complexities, a PEO can be the trusted partner that empowers businesses to focus on what they do best while staying on the right side of the law. Contact us today to learn more.

  • In a refreshing turn of events, the U.S. Citizenship and Immigration Services (USCIS) is shaking up the H-1B visa program by releasing a published notice of proposed rulemaking. This change aims to streamline processes, protect against fraud, and bring a new approach to lottery selection. Continue reading to explore this exciting transformation with a simplified look at what’s on the horizon.

    Understanding H-1B Visa Program

    The H-1B visa program, a cornerstone of America’s immigration policy, is essential for bringing highly skilled foreign professionals to the United States. Designed to attract top talent worldwide, this program allows employers to hire individuals with specialized skills, particularly in fields such as technology, engineering, and science, where a shortage of qualified domestic workers exists. The H-1B program not only bolsters American innovation and competitiveness but also fosters diversity as it allows individuals to contribute their expertise and unique perspectives to the nation’s dynamic and multicultural workforce.

    Efficiency And Improvement

    The Secretary of Homeland Security is championing these regulations, emphasizing the need to attract global talent, ease the burden on employers, and tackle fraud and abuse in the immigration system. These changes are set to make life easier for employers and workers.

    A New Twist In Lottery Selection

    One of the most significant changes is how the USCIS conducts the H-1B registration selection process. The more registrations submitted for a single individual, the higher their chances of being selected in the lottery. However, with the proposed changes, every unique individual only gets entry into the selection process, regardless of how many registrations are submitted for them. This is a game-changer, preventing abuse and increasing the odds of legitimate candidates being selected.

    Educational Criteria Redefined

    The proposed rules also redefine the educational criteria for H-1B status. While a position can accept a range of degrees, there must be a clear link between the degree fields and job duties. A general degree will no longer suffice. This opens doors for “skills-first hiring,” allowing employers to consider skills as a vital factor in the hiring process.

    Location Matters

    Changes in an H-1B worker’s place of employment will be addressed more clearly. Any change requiring a new labor condition application will be considered a material change, necessitating the filing of an amended or new position. This is to ensure transparency and accountability.

    Third-Party Roles

    When an H-1B worker is assigned to a third party, the focus will shift to the actual work they’ll be performing for that third party. It’s a move to ensure that H-1B status is genuinely warranted in such cases.

    Extended Protection For F-1 Students

    F-1 students transitioning to H-1B status will have an extended grace period of up to six months for status and employment authorization. The F-1 visa allows a student to temporarily live in the United States for a defined period of time while studying at a school, college, seminary, or conservatory. This extension will help them avoid gaps in their status and work authorization while awaiting their change to H-1B status.

    Codifying Key Practices

    The USCIS is also looking to codify some of its long-standing practices. This includes requestion contracts and other proof of a bona fide job offer for each H-1B beneficiary. The itinerary requirement for an H-1B petition is on the way out.

    Deference Policy

    In addition, a clarification has been made regarding the deference policy. It states that if there have been no significant changes in the underlying facts, adjudicators should generally defer to a prior determination. This change eliminates the need for unnecessary scrutiny and requests for evidence.

    Site Visits

    USCIS is reinforcing the importance of site visits to maintain the integrity of the H-1B program and to deter fraud and noncompliance. Organizations that fail to cooperate during these visits may face denial or revocation of their petitions. Site visits can encompass on-site inspections, interviews, record reviews, and more.

    Navigating These New Horizons

    In this era of change for the H-1B visa program, the path ahead seems promising for employers and foreign workers. As these transformative regulations take shape, it’s crucial for businesses, especially small enterprises, to adapt and navigate these new horizons seamlessly. This is where a professional employer organization (PEO) comes in to help small business owners. PEOs like Group Management Services (GMS) provide support in navigating complex immigration and employment regulations, ensuring compliance, and managing HR functions effectively. So, as we anticipate a brighter and more efficient future for the H-1B program, remember that PEOs can help you along this journey, allowing you to thrive and remain compliant. Get a quote from us today!

  • In the wake of the COVID-19 pandemic, the world witnessed a significant change in how we work. The traditional office setting has transformed into a dynamic landscape where the old rules no longer apply. Employers, employees, and even Chief Executive Officers (CEOs) are all reevaluating the concept of work in this new era. Let’s take a closer look.

    Adapting To The New Normal

    The pandemic thrust us into a realm of remote work, causing many companies to wave goodbye to their traditional office spaces. However, not everyone is ready to embrace this new way of work entirely. According to the Pew Research Center, around 35% of remote-capable workers now find themselves working from home full-time. Another 41% are adopting a hybrid work model. Yet, as COVID-19 is gradually tamed, employers are trying to bring back in-office work.

    Companies such as Zoom and Meta have demanded their employees return to the office for at least a few days each week. Furthermore, a survey by KPMG’s complete return to in-office work by 2026, with a mere 7% advocating for continued remote work. These trends don’t just exist in the technology industry. Companies across the U.S. are rolling up their sleeves and working on strategies to entice employees back to the office.

    Reinventing The Office Experience

    In a world where 90% of office workers are hesitant to say goodbye to remote work, employers are taking cautious steps to change. Many companies embrace remote work but urge in-person presence for essential gatherings, meetings, and collaborative projects. It’s about being physically present when individuals are actively engaging with one another, not merely glued to their screens.

    The Productivity Dilemma

    Business owners have stated that the remote work experiment during the pandemic was far from ideal. Employee morale took a hit as work-life balance became a juggling act. Being in the office fosters camaraderie, offers management support, and equips employees with the essential technology to excel. In addition, it provides real-time collaboration, problem-solving, and faster onboarding, which are crucial in the competitive landscape in which they operate in.

    Commuting Challenge

    The thought of resuming daily commutes isn’t enticing for everyone. To address this, companies such as ABF Group in Silicon Valley offer commuting stipends to ease the transition. The CEO of ABF group acknowledges that technology enables remote work but also emphasizes the value of face-to-face interactions for brainstorming, collaboration, and team building.

    Building Connections

    One of the most significant aspects of in-person work is the opportunity to build relationships with colleagues. In-person work allows for a shared lunch break or a friendly stroll, creating bonds that are hard to replicate in a virtual setting. Companies are curating in-office experiences that cater to relationship-building, proving that work can be productive and fun.

    Balancing Act

    In this rapidly evolving landscape, companies are not imposing a one-size-fits-all approach. Instead, they’re partnering with their employees to discover the best way forward. For business owners, it’s essential to dive into what motivates their teams, emphasizing the importance of employee feedback in shaping the future of work.

    The Support Of A PEO

    As we balance remote and in-person work, the path forward may be less about rigid demands and more about collaboration, innovation, and adaptability. As businesses embrace this landscape, they often need expert guidance to navigate this intricate journey. This is where a professional employer organization (PEO) comes in. A PEO like GMS offers the support and strategies necessary to rekindle the aspect of in-person work while also catering to the evolving needs of employees. With the help of GMS, businesses can craft a tailored approach to the new world of work, ensuring that their return to the office is seamless and rewarding. So, whether you’re enticing your team back into the office by offering incentives or enhancing their work-life balance with remote work options, remember that the future is flexible. With the right partners, your business can thrive in this evolving era of work. Contact us today to learn more.

  • To ensure fair compensation for tipped employees, the Chicago City Council passed the “One Fair Wage” ordinance on October 6th, 2023. This legislation, which aims to eliminate the subminimum wage for tipped workers in Chicago by July 1st, 2028, will fundamentally reshape the compensation landscape for thousands of individuals employed in service-oriented industries. The ordinance, which commences its phased implementation on July 1st, 2024, is poised to challenge the long-standing practice of tipping and the structure of the city’s restaurant industry. Continue reading to explore the intricacies of this significant policy shift and the various perspectives surrounding it.

    Understanding The Subminimum Wage

    At this time, employers of tipped workers in Chicago can apply for a credit against the standard minimum wage rate. This credit, commonly known as the “tip credit,” allows employers to pay a lower hourly wage to tipped workers if their tips, combined with their direct pay, bring their earnings up to the city’s minimum wage. For employers with at least 21 employees, the subminimum wage for tipped employees is $9.48 per hour, constituting a 40% credit against the standard minimum wage of $15.80 per hour. Smaller employers with more than three but fewer than 21 employees pay a subminimum wage of $9.00 per hour, a 40% credit against the standard minimum wage of $15.00 per hour.

    The Phased Approach

    With the passing of the “One Fair Wage” ordinance, the tip credit is set to be reduced in stages:

    1. 40% of the applicable minimum wage rate until July 1st, 2024
    2. 32% of the applicable minimum wage rate on and after July 1st, 2024
    3. 24% of the applicable minimum wage rate on and after July 1st, 2025
    4. 16% of the applicable minimum wage rate on and after July 1st, 2026
    5. 8% of the applicable minimum wage rate on and after July 1st, 2027, until and including June 30th, 2028

    By July 1st, 2028, employers will no longer be able to take a tip credit of any amount, and the standard minimum wage will apply to all employees in customarily tipped occupations. Tipped employees, however, will still be entitled to earn and retain their tips.

    Challenges For Restaurant Employers

    The “One Fair Wage” ordinance represents a significant challenge for restaurant employers, especially in Chicago’s vibrant dining scene. Initially introduced with a two-year phaseout period, the substitute measure passed on October 6th provides additional time for the city’s hospitality industry to adapt to the impending changes. The Illinois Restaurant Association has voiced concerns, warning that eliminating the subminimum wage will fundamentally alter the business model of every restaurant in the city.

    Proponents of the ordinance cite data from other regions that have already eliminated the tip credit, suggesting that service workers’ take-home pay increases and staff turnover decreases. However, critics point out that the reality may be more nuanced. For instance, the Illinois Restaurant Association notes that a median tipped worker in a full-service restaurant in the state already makes $28.48 per hour. In cities that have abolished the tipped minimum wage, the average tip percentages tend to be lower, which can result in reduced take-home pay for servers. For example, San Francisco, California, saw an increase in restaurant closures after eliminating the tipped minimum wage.

    Potential Responses And A Growing Trend

    As Chicago restaurants face this transformative change, they may adopt automatic service charges to offset the financial impact, a practice already prevalent in Washington, D.C., after the tip credit was eliminated there. Some may consider eliminating servers altogether, shifting to a self-serve or counter model, or relocating to nearby municipalities outside the city.

    This initiative in Chicago is part of a broader trend to eliminate the tip credit, which has been gaining momentum in recent years. Although federal legislation to eliminate the subminimum hourly wage for tipped workers failed in the 2021-22 session, more than a dozen states have legislation pending to abolish the tip credit, and several states already prohibit the subminimum wage. The District of Columbia and Portland, Maine, have also ventured into this territory, with contrasting outcomes.

    A Helping Hand In Adapting

    The “One Fair Wage” ordinance in Chicago is poised to reshape the compensation landscape for tipped employees, prompting a robust debate about its potential impact on the service industry. While the industry grapples with the changes ahead, another facet to consider is how businesses can navigate these transformations effectively. Professional employer organizations (PEOs) like GMS are a valuable resource for companies in Chicago, helping them adapt to evolving employment laws, including those related to minimum wages and tipping practices. GMS offers comprehensive HR solutions, allowing business owners to focus on their core operations while ensuring compliance with changing labor regulations. With the phased elimination of the tip credit on the horizon, GMS can be a strategic partner for businesses, helping them navigate these changes while maintaining the highest employment standards and fair compensation for their employees. As the “One Fair Wage” initiative unfolds, businesses in Chicago must stay agile and informed, and PEOs can be an ally in this process. Interested in learning more? Contact us today.

  • In an effort to promote fairness and transparency in the workplace, the Colorado Department of Labor and Employment is taking significant steps by using proposed Equal Pay Transparency (EPT) Rules. These rules aim to provide clarity regarding Colorado’s Ensure Equal Pay Act for Equal Work Act, which becomes effective on January 1st, 2024. The Act, which amended the state’s pay transparency statute, brings much-needed attention to the issue of pay equity and gender discrimination in the workplace. Continue reading to learn more about the proposed rules and how they seek to bring clarity to the Act’s ambiguities.

    Career Development: A Step Forward

    One of the key areas addressed in the proposed rules is the definition of “career development.” Under the Act, employers are required to announce job opportunities, but this obligation does not extend to “career developments.” The Act defines career development as changes to an employee’s terms of compensation, benefits, full or part-time status, duties, or access to further advancement to update the employee’s job title or compensation. The proposed rules clarify that these changes should be related to the employee’s existing job and should not be within a position with a current or anticipated vacancy. This clarification ensures that employees are informed about potential advancements within their current roles.

    Career Progression: Setting The Right Path

    Career progressions are exempted from the definition of “job opportunity” and are described as regular or automatic movements from one position to another based on time or objective metrics. The proposed rules require employers to disclose and make available to all “eligible employees” the requirements for career progression and the terms of compensation, benefits, and other details of the new position. “Eligible employees” are those who, upon meeting the notice’s requirements, would move from their position to the other as a “career progression.” This ensures employees are informed about their potential advancement paths, fostering transparency and equality.

    Application Deadlines: Navigating The Gray Areas

    The Act mandates that job postings include an application deadline, which led to confusion surrounding evergreen job postings and extensions of application deadlines. The proposed rules provide two exceptions to the deadline requirement. If an employer accepts applications on an ongoing basis, the application must state this, and a deadline does not need to be included. In addition, an application deadline may be extended, provided the original deadline was made in good faith, and the posting is updated promptly. These exceptions offer practical solutions and flexibility to employers while ensuring transparency and fairness in the hiring process.

    AINT Hires: Balancing Flexibility And Transparency

    In the proposed rules, Acting, Interim, or Temporary (AINT) hires are considered when no immediate job opportunity posting is required for up to nine months. This applies when the hiring is not expected to be permanent. In such cases, a job opportunity posting must be made in time for employees to apply for the permanent position if the AINT hire becomes permanent. The proposed rules extended the duration of an AINT role from six to nine months, offering a balanced approach that allows employers to respond to immediate needs while ensuring employee transparency.

    Post-Selection Notice To Employees: Defining Regular Work Relationships

    The Act stipulated that employers must distribute post-selection notices to employees with whom the selected candidate will regularly work. The proposed rules clarify this by defining “work with regularly” as employees who either collaborate or communicate about their work at least monthly or have a reporting relationship. Employers are encouraged to provide notices to a broader range of employees or multiple selections at once as long as they do so within 30 days after any selection. These modifications simplify the process, making it more manageable for employers while ensuring that the right employees receive the necessary information.

    Geographic Boundaries

    The proposed rules outline a pragmatic approach by exempting employees outside of Colorado from notice requirements related to pre-selection, post-selection, and career progression. This adjustment streamlines the process for businesses with a multi-state presence, offering a more efficient way to manage compliance efforts and ensuring the rules have the desired impact where they are most relevant.

    The Importance Of Outsourcing

    As a small business owner in Colorado, you face the challenge of adapting to the new Equal Pay Transparency rules while maintaining growth and competitiveness. However, outsourcing these efforts to a professional employer organization (PEO) like GMS might be the solution you’re looking for. PEOs specialize in HR management, compliance, and employment regulations, offering expertise to ensure businesses comply with these new rules.

    By partnering with GMS, small businesses can access a range of HR services, from job posting compliance to transparent compensation and career development strategies. This partnership not only facilitates compliance but also frees up business owners to focus on growing their ventures. In a changing regulatory environment, the assistance of a PEO has become a vital asset for small businesses seeking to uphold the principles of equal pay transparency while pursuing their business growth objectives. Contact our HR experts today to learn more.

  • The Israel-Palestine conflict is an ongoing tragedy that has impacted not only the lives of those directly involved but also resonates across the globe. The events that unfolded, marked by Hamas’ devastating attack on Israel, opened the door to escalated violence in the region and a formal declaration of war.

    War brings a range of distressing emotions. Employees within your organization may be grappling with concerns related to their safety. In addition, there are concerns about the broader global implications of this violence and how it may further escalate. As an employer, recognizing and addressing these concerns is critical. In the workplace, this translates into the responsibility of business owners to ensure their employees feel heard, valued, and supported. Just as we long for peace and stability on a global scale, creating a safe and nurturing environment within our organizations is essential. In the face of adversity, this commitment not only fosters employee well-being but also strengthens the resilience of our teams and the overall fabric of our organizations.

    Continue reading to explore various ways employers can support their staff and foster a safe work environment during these challenging times.

    Open And Honest Communication

    Clear and transparent communication is the foundation of trust. Employers should openly acknowledge the global situation, express concern for their employees, and provide a channel for discussion. Encourage employees to share their thoughts and concerns and actively listen to their perspectives.

    Offer Mental Health Support

    Conflict and geopolitical tensions can take a toll on employees’ mental well-being. Employers can provide access to mental health resources, such as counseling services, employee assistance programs (EAPs), or wellness initiatives. Normalizing discussions about mental health can reduce stigma and promote a culture of support.

    Additional crisis resources include:

    1. The Disaster Distress Helpline
    2. The Veterans Crisis Line

    Flexible Work Arrangements

    During crises like the Israel-Palestine conflict, employees may face personal challenges requiring flexible work schedules. Employers should consider allowing flexible work arrangements, such as remote work, adjusted hours, or paid time off (PTO), to accommodate employees’ needs.

    Promote Inclusivity

    Diversity and inclusion efforts should be reinforced during difficult times. Encourage open dialogues that respect different viewpoints and backgrounds. It’s essential that all employees feel valued and included, regardless of their personal affiliations or beliefs.

    Charitable Initiatives

    Many employees may wish to contribute to charitable efforts related to this conflict. Employers should consider facilitating this by organizing fundraisers or donation drives. Matching employee donations to relevant charities can also encourage philanthropy.

    To help victims of the Israel-Hamas War, click here.

    Educational Opportunities

    In times of geopolitical tension, promoting compassion and empathy is crucial. Employers can offer educational resources on the Israel-Palestine conflict, its historical context, and the perspectives of both sides. Encourage employees to engage in respectful discussions and debates that promote empathy and tolerance.

    A variety of resources can be found here.

    Conflict Resolution Training

    Conflicts can arise in any workplace, and global conflicts can worsen tensions. Employers can invest in conflict resolution training to equip employees with the skills needed to navigate difficult conversations constructively and peacefully.

    Public Support Statements

    Employers can choose to take a public stance on global issues, such as the Israel-Palestine conflict. If doing so, ensure that all statements are well-informed, respectful, and aligned with the company’s values. Be prepared for diverse reactions and encourage a respectful dialogue within the organization.

    Business Continuity Planning

    Prepare for potential disruptions in your business operations due to external events by creating a business continuity plan (BCP). A BCP is a document that outlines how a business will continue operating during an unplanned disruption in service. It’s essential to have a solid BCP that accounts for crises and ensures the well-being of employees, whether through remote work arrangements or other means.

    Support Employee Well-Being

    Demonstrate your commitment to employee well-being by providing access to wellness programs, stress-relief resources, and fitness initiatives. A healthy workforce is more resilient in the face of external stressors. Consider the following:

    • Schedule regular catchups with your team members
    • Maintain a tidy work environment 
    • Encourage employees to walk around more and step away from their work when applicable 
    • Create quiet time 
    • Provide onsite or distance counseling 
    • Be flexible

    Continued Support From Employers

    With the Israel-Hamas conflict affecting individuals worldwide, employers find themselves in a unique position to offer support to their employees. It’s imperative to recognize that resources and initiatives emphasizing mental well-being, open dialogue, and educational opportunities can be pivotal in fostering a compassionate and resilient workplace. As a professional employer organization (PEO), GMS stands as a resource providing a wide range of support from EAPs and educational opportunities with our learning management system (LMS) to promoting inclusivity. In times of uncertainty, unity and empathy become our guiding lights. For more information on how we can support your business, contact us today.

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

    A Legal Game Changer

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

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

    Off-The-Clock Freedom

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

    Steering Towards Progress

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

    Feeling Overwhelmed Yet?

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

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

    Walmart’s Misstep: The EEOC Lawsuit

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

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

    The Pathways Graduation Assessment: A Problematic Test

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

    Lessons For Business Owners

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

    Key Takeaways For Business Owners

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

    Have You Considered Partnering With A PEO?

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

  • In the realm of HR management, few situations are as challenging as a government shutdown. When a shutdown occurs, the repercussions are widespread, affecting federal employees and government contractors. In this blog, we’ll explore a critical aspect of HR administration during a government shutdown: handling Family and Medical Leave Act (FMLA) leave and paid time off (PTO).

    The Impact Of A Government Shutdown

    A government shutdown can disrupt the lives of millions of employees, including approximately 4 million military and civilian workers. Among them, 2.2 million are federal employees, while the remainder consists of active-duty military and civilian workers. These shutdowns can occur when Congress fails to pass a budget, and the consequences can be extensive.

    During a government shutdown, certain federal employees must continue working without pay. This group includes individuals involved in law enforcement, national defense, and life and property protection. Examples range from postal workers and federal prison guards to FBI agents, Border Patrol officers, airport security screeners, and air traffic controllers.

    Understanding FMLA Leave During A Shutdown

    For HR professionals, managing FMLA leave is one of the most complex aspects of a government shutdown. According to guidance from the Office of Personnel Management (OPM), employees on FMLA leave are advised to commence a leave without pay during a government shutdown. This recommendation stems from the lack of an established work schedule during a shutdown, making it impossible to accommodate FMLA leave.

    As a result, all previously scheduled FMLA leave and PTO during a shutdown furlough period are canceled. This cancellation applies to employee FMLA leave requests and other PTO forms. It’s crucial for HR professionals to grasp that any scheduled FMLA leave should not be deducted from the employee’s FMLA entitlement during a furlough.

    PTO Becomes Unpaid

    In a government shutdown scenario, various types of paid leave, such as:

    • Vacation days
    • Parental leave
    • Military leave
    • Court leave
    • Bone marrow or organ donor leave
    • Transition into unpaid leave

    In addition, this unpaid leave does not count against the employee’s allotted PTO. The OPM’s guidance for shutdown furloughs clarifies that employees must be placed in furlough status without pay during scheduled time off. If there is government-funded paid leave during a shutdown, there is no authority to provide that pay since the government is effectively shut down. Any PTO taken during this period results in a debt to the government that lacks legal authorization until the funding issue is resolved.

    The Importance Of Communication

    Employers should ensure that they provide furlough notices to workers scheduled to be on FMLA leave during a government shutdown. The only exception is if employees are not expected to work during the furlough period for reasons such as accompanying a military spouse overseas on a one-year leave without pay, per the OPM’s December 2021 guidance.

    Accurate Record-Keeping Is Key

    During a government shutdown, accurate record-keeping for FMLA leave is paramount. HR professionals must maintain clear documentation of when employees are at work and when they are not. This documentation ensures legal compliance and helps manage the complex web of leave policies during a shutdown.

    The Assistance Of A PEO

    Partnering with a professional employer organization (PEO) during a government shutdown can be a game-changer for HR professionals and organizations. PEOs like GMS specialize in managing complex HR functions, including leave administration, with precision and compliance. Through this partnership, small business owners can confidently navigate the intricate rules and regulations of government shutdowns. Partnering with a PEO ensures that employees’ rights are upheld and allows HR professionals to focus on strategic initiatives, knowing that the intricacies of FMLA leave and PTO are in capable hands. In times of uncertainty, a PEO can provide the stability and support needed to weather the storm, allowing organizations to emerge stronger on the other side. Interested in learning more? Contact us today.