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  • With the uncertainty of today’s economy, where employees are becoming more independent and knowledgeable, there has been a drastic increase in employment-related lawsuits, making employment practices liability insurance (EPLI) a must-have. EPLI covers businesses against claims made by workers that their legal rights as employees of the company have been violated. It protects a variety of different employee lawsuits, including claims of:

    • Sexual harassment
    • Discrimination
    • Wrongful termination
    • Breach of employment contract
    • Negligent evaluation
    • Failure to employ or promote
    • Wrongful discipline
    • Deprivation of career opportunity 
    • Wrongful infliction of emotional distress
    • Mismanagement of employee benefit plans

    Depending on the type of business you operate, and how many employees you have, along with various risk factors, the cost of EPLI coverage varies. This coverage will essentially reimburse your business against the costs of defending a lawsuit in court. The policy will still cover the legal costs if your company loses the lawsuit.

    Why This Is Important For Small Business Owners

    For small business owners, EPLI coverage is critical to have. Within the last five years, six out of 10 employers have had to deal with employment lawsuits. If an employee sues you for wrongful termination, you don’t have the money to protect yourself and your business like a larger corporation can. A lawsuit could incur hundreds of thousands of dollars in legal costs and attorney fees. Small to medium-sized businesses pay an average of $160,000 to resolve this kind of lawsuit.

    For a small business, that’s enough to take down your business, putting everything you’ve worked endless hours to achieve in jeopardy. If that’s not enough to get you to get this coverage, consider these five additional reasons:

    1. Employee lawsuits are growing
    2. Settlements are getting more expensive
    3. Big or small – all businesses face risks
    4. You can be fault-free; however, it will cost you
    5. Your current policy most likely doesn’t provide coverage 

    Luckily, there are ways in which you can prevent employee lawsuits from happening. It’s essential that you educate your managers and employees so that you minimize problems from the very beginning by doing the following:

    • Create effective hiring and screening programs; thus, you’re avoiding any discrimination throughout the hiring process
    • Hang corporate policies throughout the workplace
    • Ensure policies are written out in your employee handbook, making them very clear to all employees
    • Showcase what steps employees can take if they are discriminated against or sexually harassed by a supervisor 
    • Document everything while also showing the steps your business is taking to prevent and solve employee disputes

    While having this type of coverage is the first step in protecting yourself from these lawsuits, you must also focus on your company culture. Your culture should exhibit a safe environment where discrimination and harassment of any kind are not tolerated.

    Not Sure Where To Begin?

    We get it. You didn’t start your business to become a lawyer and protect yourself from employee lawsuits. That’s what professional employer organizations (PEOs) are here to help with. When you partner with a PEO like GMS, you gain access to HR experts that are trained to help business owners during these challenging times. While GMS offers EPLI as a line of coverage, we do so much more than that. To prevent these lawsuits, we take proactive measures. We help create handbooks stating all corporate policies and steps in which you and your employees should take in any situation. In addition, our HR experts work hand in hand with you and your business to mitigate employment risks and address any discrepancies. GMS takes on all the administrative burdens you don’t have the time or expertise to manage effectively. Contact us today to learn more.

  • We’ve heard it all. From quiet quitting to quiet firing and now, quiet hiring, there are plenty of new buzzwords that business owners should familiarize themselves with. Let’s start with understanding what quiet hiring is. Quiet hiring is the idea that a business can add new skills and fill gaps without hiring full-time employees.

    This can come in two different forms, which include: 

    • Internal
    • External

    Internal quiet hiring means current employees might temporarily move to another role or take on different organizational assignments. External quiet hiring means hiring short-term contractors to keep the business running without taking on more full-time employees.

    Is Quiet Hiring Right For Your Business?

    While the concept of quiet hiring has been around for some time, it’s becoming increasingly popular. Quiet hiring could be the right solution for employers to ensure workplace efficiency without causing financial strain. The following are potential benefits of implementing quiet hiring within your business:

    • Gives employees a reason to care more about their job
    • An excellent opportunity for workers’ professional development
    • Makes companies more agile and ready to take on change
    • Companies can save resources by not spending money on training and onboarding new staff

    In addition, quiet hiring impacts the job market by cutting down on job eliminations. Instead of letting an employee go because their job is no longer cost-effective, the company retrains and moves them elsewhere.

    While quiet quitting can provide internal opportunities, there is a potential risk that this process could be utilized to give more work to a single employee instead of filling roles that are actually needed. Giving employees more work leads to burnout. When employees experience burnout, they’re more likely to have lower morale (36% of individuals), be less engaged (30%), make more mistakes (27%), and miscommunicate (25%). It’s a never-ending cycle that could end up hurting your business in the long run.

    Allow GMS To Help With Your Decision

    Should you choose to implement quiet hiring within your business, it’s essential that you relay the message in a way that makes your employees feel valued. You don’t want them to think that they’re interchangeable or not good enough for the job, but rather you just want them in a position where they can have the biggest impact on your business. In addition, compensation must be considered. If you’re asking employees to take on more responsibilities, you must compensate them for that. Group Management Services works with business owners to provide them with HR outsourcing services such as benefits, payroll, human resources, and risk management. Whether you want to start by implementing a career development program or leadership program where you train employees to take on more responsibilities in a scenario such as quiet hiring, we’ve got you covered. If you need to ensure you’re compensating your employees the correct amount, we do a job market analysis to compare the salary to similar positions elsewhere. We take all the burdensome administrative tasks off your shoulders.

    Joe Wenger, PHR, GMS’ Senior HR Generalist, explained, “With Gen Z entering the workforce, it’s more important than ever for companies to develop programs that offer growth and promotion opportunities. Career advancement is one of the top priorities listed among the majority of this incoming generation. Internally at GMS, we’ve been ahead of the curve by implementing a Leadership Development Program for top-performing frontline employees, aiming to groom them as the future of our management team.”

    Contact us today to learn more.

  • As Covid-19 becomes less prevalent across the country, states and localities are backing off employers’ requirements to provide their employees with paid leave if they have COVID-19 or symptoms. While not all employers were required to provide paid leave to their employees for having COVID-19 in the very beginning, the Families First Coronavirus Response Act (FFCRA) set rules in place. The FFCRA required certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19.

    As deaths and hospitalizations are declining significantly, the rules and regulations have also dropped. Five states and Washington, D.C., were locations that had laws in place but have expired and are no longer effective. However, Arizona, Colorado, and New Jersey are the only states that still require paid leave for COVID-19. In addition, the following still require employers to provide paid time off for employees to get themselves or their children vaccinated for COVID-19:

    • Nevada
    • New York
    • Washington, D.C.

    In addition, cities in California, such as San Francisco and Los Angeles, have mandates in place but will expire by the end of February.

    What Employers Should Know

    As we’re approaching the third year of COVID-19, it’s essential that you stay aware of changing laws and regulations. Although COVID-19 hasn’t been much of a concern these days, you must ensure you have rules in place regarding the safety of your employees. The goal of the COVID-19 leave requirements was to ensure your employees felt safe, and if they felt sick, they shouldn’t risk coming to work and exposing themselves to others. While state laws are backing off mandates for paid sick leave, business owners can certainly have their own rules in place. If you want to add extra sick days designated for COVID-19, you can do that. In fact, 25% of employers modified their paid sick leave or time off plans to accommodate the pandemic.

    Despite the spikes and declines of COVID-19, this is the time for you to remain on top of ever-changing laws and regulations during these unprecedented times. If you’re in one of the states previously mentioned, it’s vital that you understand the laws and what you’re required to do as an employer. In addition, consider how the rules interact with FMLA leave, state and local paid-sick-leave laws, and other time-off benefits.

    GMS Is Here To Save The Day

    We’ve all been working together trying to combat these unprecedented times. At GMS, we understand the effects COVID-19 has on businesses, especially small businesses. We’ve partnered with over 2,000 clients and work with them daily to ensure they are on top of all of the changing laws and regulations. When the pandemic hit hard in 2020, we worked with our clients to ensure they had a workplace policy to ensure their employees’ safety. Three years later, we can still help in those efforts. Whether it’s working with small business owners to create an employee handbook that explicitly states what happens when you test positive for COVID-19 or our benefits experts working with you to enhance your benefits offerings, we do it all. Allow GMS to take the administrative burdens off your shoulders. Contact us today to get started!

  • As you may expect, conflict in the workplace can be a severe issue for a small business. Unresolved conflicts among workers can create a challenging working environment for those involved and those witnessing the dispute. These issues also have a direct impact on the financial well-being of your business. However, certain types of conflict can facilitate growth. It allows us to explore new perspectives and understand different points of view. Of course, resolving the issue quickly is essential so productivity can continue uninterrupted.

    According to a report published by the University of New Mexico, the collective cost of unresolved conflicts can be as high as $300 billion annually for businesses across the country. Other analyses peg the figure at approximately $359 billion in lost revenue.

    Without a way to resolve contentious relationships, you’re inadvertently increasing the risk of developing a dysfunctional workforce that hurts your business in the long run. It’s time to break down the root causes of employee conflicts and how your business can resolve them.

    What Causes Workplace Conflicts?

    Conflict in the workplace can originate from any number of sources. It could be something as simple as a department manager being rude to a new hire or an employee who feels like they’re not treated fairly by their colleagues. At its worst, the root of the conflict can be something such as blatant harassment or inappropriate, lewd behavior.

    Hot-button topics are also notorious for creating unnecessary conflicts at work. The crux of the problem could be anything from political opinions to which sports franchise has more clout. The trick is to have a strategic conflict resolution plan to solve the problem.

    Conflict in the workplace is inevitable, and it can have a serious impact on your business. Here are some of the most common causes of conflict in the workplace:

    • Conflicting goals or expectations that aren’t communicated clearly
    • Lack of communication between employees
    • Poor management skills or leadership style
    • Distrust between employees
    • Mistakes made by individual members of a team

    Five Steps To Resolving Workplace Conflicts

    First, knowing what kind of conflict you’re dealing with is important. There are many different types of conflict that can happen at work or in any other situation where people interact regularly. Some conflicts may be a mere misunderstanding, while others can result in a culture of bullying and harassment. Neither should be taken lightly, but it’s safe to say the latter should be met with a swift response.

    It’s important to have a plan that helps you handle conflict and help everyone work towards a common goal – growing the company and furthering its success. Use the following steps to address conflicts before it’s too late.

    1. Meet with the conflicting parties

      Defining the root cause of the conflict is the first, and arguably most difficult, step. It’s critical to discover how the issue got to this point in the first place. Meeting with the conflicting parties can help you get both sides of the story and identify if the problem is easy to address or will require a more detailed response.

      These meetings should happen in a private, neutral setting. Both parties need to have their voices heard so that each of them acknowledges the other’s perspective. You’ll also want to play the role of an active listener. Ensure both parties know you’re paying attention and obtain as much information as possible to help them come to a reasonable solution.

    2. Investigate the conflict following the meeting

      Following the meeting, it’s always wise to investigate the integrity and the validity of each party’s explanation of how the conflict started in the first place. Often, you’ll discover that the root of the problem is nothing more than a usual misunderstanding between two dedicated, passionate, and career-minded professionals.

    3. Determine ways to truly resolve the conflict and meet a common goal for all parties

      The next step involves a fair amount of creativity on your part. You have to think outside of the box and brainstorm ways to manage and ultimately resolve the issue once and for all.

      This process may require additional communication, investigation, and planning. Don’t be afraid to sit down with both individuals again to openly discuss ways to manage and resolve the conflict. Use this brainstorming session to come up with ideas to de-escalate the situation and come to a conclusion that benefits everyone.

    4. Develop a conclusion

      Once you gather all the information, you can finally decide on the extent of the issue, how the conflict began, how it escalated, and what everyone can do today to put the negativity to rest finally.

      The idea is to lay out a clear plan of action to find common ground and focus on the task at hand: working towards the same goal and furthering the company’s success as an efficient team of skilled professionals. Once this plan is in place, communicate it with the individuals so that they can put an end to the ordeal.

    5. Decide on preventative strategies for the future

      The last step is ensuring this particular conflict doesn’t happen again. Evaluate the situation to see if this conflict can rear its ugly head again. If so, create an action plan to not only avoid conflicts but also quickly address them in the future if they do occur.

    Tips For Approaching Workplace Conflict

    Conflicts in the workplace are inevitable. It’s just a matter of when, where, and how they will occur. Here are some tips to help you manage conflict resolution in the workplace:

    • Understand where the conflict came from: Is it between you and another employee? With your manager? Or did it come from a customer or client? The key is knowing who is involved in having an effective resolution process.
    • Figure out what kind of conflict it is: Are you dealing with a disagreement over ideas or resources? This can help determine how best to resolve the issue at hand.
    • Find out if there are any other issues at stake here: This might include financial issues or personal concerns that need to be addressed as part of solving this problem together and any other factors that may affect its outcome, such as company policy.
    • Develop a conflict resolution plan: If you don’t already have a system in place to resolve conflicts, now is the time to develop one. That plan should detail who should be included (HR, managers…etc.) in the resolution process and the steps you’ll take based on the severity of the conflict.
    • Look for common ground: You don’t want to get caught up in small details when resolving your issue because it can lead to even more problems later. If not addressed effectively, things could escalate further!
    • Don’t make assumptions: When emotions are running high, it’s easy for things to get out of hand quickly—and before you know it, someone has said something regrettable. Don’t make assumptions when it comes to conflict.
    • Hear out all parties involved: Nothing ignites a conflict more than feeling like you’re not heard. Regardless of who may be at fault, listen to all parties with compassion and understanding.
    • Work together: Brainstorm solutions and ways to avoid conflicts like this in the future. This will help create a positive environment for discussion and help prevent things from escalating too quickly into an argument.

    Six Ways Small Businesses Can Minimize Conflict

    While some conflict is inevitable, there are ways to minimize the likelihood of workplace disputes. There are a variety of strategies small businesses can utilize to protect themselves and their employees from these issues.

    Establish written rules and clearly defined company policies

    A good policy will make the conflict resolution process smoother when issues arise. Use your employee handbook to lay out clear guidelines about employee conduct and expectations for individuals within your company. These ground rules will help set the tone for what is and isn’t acceptable and clearly describe the consequences and next steps for misbehavior.

    Hire the right people

    The right employees will be less likely to create conflict. It’s important to not only hire people with the right skills but also a good temperament for your business. You can also conduct background checks to try and identify any red flags that may cause problems in the future. Spend some time to properly vet each prospective employee to minimize the chances of conflict in the future.

    Provide management training

    Another way to minimize the impacts of conflict is better management training. You can’t be everywhere at once throughout the day, so you entrust your management team to be your eyes and ears. Training managers and other appropriate personnel on established policies and identifying brewing conflicts can help your business quell minor issues before they grow into severe problems.

    Create a fair grievance process

    Poor communication is a problem. A fair grievance process is an effective problem-solving tool that allows employees to feel heard and managers to identify the source of conflict before it becomes a bigger issue.

    No matter what policies you put in place, the process needs to be transparent and equitable. The same standards should apply to management and workers. This process will keep everyone accountable to each other and quickly soothe exasperated employees.

    Feedback

    Feedback is what brings the resolution process back to the beginning. You may spend a tremendous amount of time making written procedures and policies – and for good reason – but there’s still plenty to overlook.

    Give employees a way to provide feedback so that they share ideas on how to make the workplace a better place, whether that’s an anonymous tip line or a company email address. This feedback loop can help you fine-tune your policies for your workforce and, hopefully, put petty fights and arguments to rest.

    Protect Your Business From Conflict

    Workplace tension is a recipe for lost productivity and heated arguments. However, it’s not always easy to put conflict resolution strategies into place by yourself. GMS has the human resource experts to provide you with the tools and support you need to manage employee relationships.

    Ready to make your business simpler, safer, and stronger? Contact GMS today about how we can support your business through dedicated service and support.

  • If you’re currently running a business, one of the most important aspects to consider is what your rules, policies, and expectations are. You wear many hats, and setting expectations through word-of-mouth or meetings simply doesn’t cut it when managing employees effectively. The likelihood of your employees remembering these various policies is slim and may lead to misunderstandings or confusion. For this to work, you need a solid system in place to deliver such information. That’s where an effective employee handbook steps in.

    You may think you don’t have time to create an employee handbook, however, creating one is essential to the success of your small business. An employee handbook is a set of guidelines for your employees and a great tool to help maintain company culture and keep expectations in check.

    Why Your Small Business Needs An Employee Handbook

    An employee handbook is a living, breathing document and a foundation for your employee relations efforts. It should be a carefully considered compilation of policies and procedures to help managers guide employees in their daily tasks. This handbook serves as a hub of information that your employees can reference at any time, be it allotted time off, your company dress code, or workplace safety policies. It not only protects your business, but it protects your employees, provides valuable resources to your team, and may even serve as a legal document in case of litigation.

    Writing an employee handbook might seem like something that only occurs at large corporations with many employees, but it’s a good place for any business to start. Employee handbooks are beneficial for any company as they establish your company’s core values and culture.

    If you have been operating your small business for a while, chances are you’ve experienced turnover. This could be due to a myriad of reasons, such as budget constraints, family commitments, or simply personal choice. No matter the reason employees may leave, it’s critical that you document your business policies in the event that they will need retraining in the future.

    Elements Of An Effective Small Business Employee Handbook

    Your small business is an extension of yourself, so it makes sense to consider how you would like it to be represented by your employees. When discussing your employee handbook, you’ll want to think about what kind of language you’re comfortable with. What tone will you take? Will deadlines for different tasks be made explicit? The elements of an effective employee handbook include the following:

    Good organization

    You want your document to be easy to read, easy to understand, and laid out for success. A well-organized handbook is going to be key in these areas. A table of contents at the beginning of this document will help with navigation and ensure that you don’t miss any key components. Adding headers, bullet points, and well-defined sections is key when creating a lengthy document.

    Thoroughness

    Another crucial component: covering all your bases. Your handbook shouldn’t leave anything to the imagination. You’ll want to be concise and clear, especially when it comes to policies and legalities.

    A proper representation of your brand or business

    Your handbook should be an accurate representation of who and what your company is. This includes company values, culture, and mission. A handbook is a place to ensure that rules are being followed, sure. But it’s also a place where you can talk about how you reward your employees and include exciting information. For example, if your business offers unique perks such as seasonal sports tickets or a home office stipend, you can mention these more in-depth in your handbook.

    Inclusion of your brand tone and voice

    Lastly, your handbook should sound like you. Not sure what we mean? Every business or brand has a tone of voice. For some, that may mean a very professional-sounding document, but for others, casual may be the way to go. Any important document is an extension of your business, and because of that, it should be branded! Even if it will only be used for internal purposes.

    What To Include In Your Employee Handbook

    Creating a clear and concise handbook for your employees, that’s easy to read and understand can keep them motivated, focused, and engaged. The first time many employees will read your handbook is when they are hired — so your handbook may be one of their first impressions of your business as an employee. But what should this document include? Some handbook contents may be optional, while others are non-negotiable.

    Employment at-will

    Employment at-will is a legal understanding that allows an employer to dismiss an employee at any time, for any reason, or for no reason at all. It also means the employee is free to leave at any time as well. Typically, at-will employment exists for a 90-day period. This way, either the employee or employer can part ways if the role isn’t a good fit. Employment laws in some states and countries allow this kind of employment, and your business may be one of them. If that’s the case, this should be included in your employee handbook.

    Harassment and bullying

    If you want a happy and motivated workforce, harassment and bullying will not be tolerated. Many companies think their employees know their behavior is inappropriate, but that isn’t true. In fact, an estimated 48.6 million Americans are bullied at work. Effective organizations should have a clearly defined and communicated employee code of conduct that distinguishes unacceptable from acceptable workplace conduct.

    Equal employment practices

    The Equal Employment Opportunity (EEO) is a federal law that prohibits discrimination in employment based on race, color, religion, sex, and national origin in companies that have at least fifteen employees and work for the Federal government. There are separate laws with similar objectives at the state level. In all countries, there are also laws to prevent discrimination on the basis of sexual orientation in the workplace. A company’s employee handbook can be used to keep track of all rules, regulations, policies, and procedures regarding Equal Employment Opportunities.

    Compensation and benefits

    Your employee handbook is the perfect place to break down how compensation works at your company and what benefits you offer to your team. Even if all your employees are paid different wages, knowing where they can access compensation information or whom they can speak to about these matters is a priority.

    Pay period and payroll

    Every business does payroll differently. You may be on a biweekly schedule, weekly, or even monthly, so it’s important to distinguish these details in your handbook. Here you can also provide information on how employees are paid and whom to contact if there are payroll issues.

    Dress code

    Dress code may not matter for all industries, but for some, it’s a major touchpoint. Being clear about your dress code clears up any confusion and informs your employees on what wardrobe they’ll need to be successful at work.

    Performance evaluations

    Performance evaluations are a key component of a job; however, it can be easy to forget about them amidst the hustle and bustle of work tasks. Be sure to include your evaluation schedules in your handbook, whether they’re twice a year, quarterly, or yearly. This will help your employees be prepared and set reasonable expectations from day one.

    Work hours, breaks, and scheduling

    For some roles, tasks may need to be performed outside regular business hours due to the nature of the job and/or deadlines. In these cases, overtime may be required. In addition, employees are entitled to scheduled break periods in addition to lunch breaks. Breaks will not be unreasonably withheld or delayed and must last at least five minutes under federal law. Meal breaks are typically an hour long, with a 30-minute minimum allowed by law (unless otherwise negotiated with the employee). These details are best presented in your handbook, where employees can access this information at any time.

    Vacation time, sick days, and leaves of absence

    Similar to work hours and breaks, clarifying how much vacation time and sick days your employees are allotted helps with planning purposes. If you have a system where hours are accrued over the course of a pay period, be sure to mention this in your handbook. Leaves of absence can also be a tricky subject with its own set of stipulations, so explaining how to begin this process can aid your employees in the event of health emergencies and life circumstances.

    Workplace safety policies

    The dangers of the workplace, and more specifically, employee safety, are significant issues that help employees, employers, and society as a whole. For any company, it’s important to ensure your employees are properly trained in safety procedures and informed on how to correctly protect themselves from workplace injuries and the policies in place to protect them.

    Employee discipline and termination policies

    There are many reasons why employers need to have policies in place that address employee discipline and termination. However, human resources can be a difficult area to navigate. Making your policies known in your handbook protects you in these cases.

    How To Get Started

    You may have all your policies and work regulations in place but may not know how to get started with making your own employee handbook. Plus, you may not have a dedicated HR department in place, which means that you must take the lead when it comes to setting it up. Appointing who will have a role in the creation process is a major first step. Once that’s settled, here’s a rough outline of what to do next:

    • Meet with your employees and HR: Your employees can be the best way to receive feedback. Ask them questions about what they’d love to see included in your handbook, what’s confusing about your policies, and more. Then meet with your HR department to review ideas and get their input. If you don’t have an HR department, decide who will oversee this project or whether you will contract out this work.
    • Ask yourself what you need to include: By now, you should have a good idea of what to include in your handbook. Asking professionals and researching will also play a big part in this step.
    • Create the handbook outline: Once you’ve decided what to include, it’s time to create an outline. This will serve as a guide for whoever writes your handbook.
    • Write and edit your handbook: This may be something you decide to do on your own or contract out. Regardless of what you decide, this process will take some time, and you will need several revisions to ensure your handbook is written clearly and grammatically.
    • Get the legal stuff handled: Once your handbook looks good, it’s best to have a legal team do a final review. This will help you catch any final policy errors or inconsistencies.
    • Get the handbook to your employees: Now that your handbook is ready, it’s time to get it in front of your employees and add it to your onboarding process.

    Overall, an employee handbook is often a very important aspect of running a successful company. A handbook tells your employees what their basic rights are and what they should expect from their workplace environment. This resource can offer benefits to the entire staff in the form of policies that protect them, educate them, or simply save them time. It’s a crucial document for businesses of any size.

    GMS Can Help You Build A Quality Employee Handbook

    If you’re unsure where to start or have employees who weren’t around when your handbook was last updated, consider partnering with GMS. We can help you design a comprehensive employee handbook that addresses your unique needs and concerns while guiding employees from their first day of work to their last. Contact us today to get started!

  • As we all began to have high hopes that COVID-19 could be over, a new variant has become prominent in the United States. XBB. 1.5. variant, or the so-called “Kraken” variant, has been circulating in many countries and has quickly become the newest dominant COVID-19 strain in the U.S. Experts have reported that this variant is more contagious than many of its predecessors, going from 4% of sequences to 40% in just a few weeks. Similar to every other variant we’ve experienced, employers must take steps to ensure that their employees are protected and feel safe coming to work.

    Steps To Take As A Small Business Owner

    Luckily, we’ve all been taking steps to prevent the spread of COVID-19 in the workforce. Business owners need to re-evaluate their current pandemic plans to ensure they’re taking the necessary steps to prevent the spread. The following are additional steps you can take:

    • Ensure employees are washing their hands frequently
    • Place hand sanitizer in easy-to-find places for your employees
    • Offer your employees a remote option if they feel uncomfortable coming to work
    • Be mask friendly
    • Offer paid time off to allow those who aren’t feeling well to stay home and prevent infecting other employees

    Unfortunately, COVID-19 doesn’t seem to be going away. While there are many ways to prevent the spread within your workplace, you can’t necessarily keep it from coming in. As a business owner, you need to stay up to speed with the latest news and different procedures other businesses are implementing to protect their employees.

    For more information on how you can protect your employees, click here.

    Partner With GMS

    When you partner with GMS, we help you update your employee handbook to ensure everyone’s on the same page. Whether there’s a new COVID variant or not, you should be updating your handbook at least once per year. Our HR experts work with you to ensure your procedures and processes are up to date and are exactly what you want for your business. Contact us today to learn more.

  • Recently, pay transparency has become one of the hottest topics for businesses. Before we jump into the reasoning behind it, let’s discuss what pay transparency is. Pay transparency is the practice of openly and proactively sharing information on organizational compensation practices, including the following:

    • Pay rates for specific positions 
    • Pay increases
    • Bonuses or commission structures 
    • Benefits 
    • Retirement plans
    • Or any other specifics about pay

    It’s essentially viewed as a way for employers to build trust with employees and ultimately boost engagement and productivity. Companies have different degrees of pay transparency ranging from providing pay grades for job titles to offering a full list of salaries for everyone at the company. While this topic can be controversial to some individuals, many desire transparency within their organizations.

    Benefits Of Pay Transparency

    Typically, many employees and employers believe that sharing how much you make is off-limits. However, with the current labor market, pay transparency could be your best friend. Pay transparency and listing salaries on job postings have become increasingly popular amongst businesses that are struggling to find and retain top talent. Glassdoor found that 63% of employees prefer to work at a company that discloses pay information over a business that does not. The following are the benefits of pay transparency:

    • Closes pay gaps
    • Creates happier and healthier employees
    • Increases employee retention
    • Vets out those with different salary expectations immediately from the recruiting process
    • Fewer salary negotiations will be needed
    • Access a wider pool of quality talent
    • Higher productivity 
    • Streamlines your hiring process

    The Disadvantages

    While there are many benefits of pay transparency, this topic can be quite controversial by raising unnecessary concerns and creating problems among team members. However, there is something to be said about the transparency of employees who perform the same job, and they should be compensated equally. In addition, you must consider the length of employment, levels of training, and overall experience. Ultimately, it’s challenging to apply a standard pay rate and maintain fairness while attempting to showcase equality.

    The following are disadvantages/challenges business owners could face when implementing pay transparency:

    • Comparing pay to other employees
    • Pay difference could be taken out of context
    • You may end up paying unnecessarily higher salaries
    • The potential loss of qualified job candidates whose salary requirements differed from yours
    • Employees may have privacy concerns
    • The work environment could suffer
    • This could make the pay gaps even more obvious since it will be open to the public

    Current Pay Transparency Laws

    Equal pay laws exist in nearly every state; however, laws requiring businesses to provide pay transparency are still a trending topic. The following states/cities have pay transparency laws:

    • California
    • Colorado
    • Maryland
    • Nevada
    • Jersey City, NJ
    • Ithaca, NY
    • New York City
    • Westchester County, NY
    • Cincinnati, OH
    • Toledo, OH
    • Rhode Island
    • Washington

    In addition, each state has different laws that employers must comply with. The following states require employers to provide salary ranges:

    • California
    • Colorado
    • Connecticut
    • Maryland
    • Nevada
    • Rhode Island
    • Washington

    Additional information can be found for each state here. 

    Is It Worth It?

    When you weigh the advantages and disadvantages of pay transparency, you’ll see that both are significant. There are still many questions that need to be answered about whether this is the right way to handle pay transparency or not. We understand how complex it can be. As more and more states begin implementing pay transparency laws, it’s essential that you stay up-to-date on the latest laws and regulations. When you partner with GMS, we make it easy for you. If you choose to list salaries on your job postings, our HR experts work with you to ensure they’re accurate and gaining attention from top talent. 

    Angelina Santiago, GMS’ Recruitment Specialist, explained, “There are a handful of reasons why companies should implement pay transparency. It exhibits pay equality and closes pay gaps, ensuring that employees are being paid appropriately. In addition, it creates happier employees that are being compensated fairly, which makes them feel appreciated. It also increases employee retention while creating a high-trust organization. Finally, it creates a better recruitment process for the company to attract high-level candidates.” 

    Contact us today to learn more.

  • With 2023 in full swing, business owners are still trying to combat the effects of the COVID-19 pandemic – hiring, recruiting, retaining employees, and more. However, employers may be so eager to get employees to work for them, they may be disregarding the potential cost of labor law violations. Labor laws are regulations that outline rights and liabilities in the workplace, notably those of the employees and the employer. They can be one of the trickiest issues you face as an employer if you don’t adhere to these laws and regulations.

    This is relevant now more than ever as the National Labor Relations Board (NLRB) came out with its newest rule. The new ruling states that employers who violate federal labor law must compensate workers to make up for the direct consequences of unfair labor practices. The board expressed that victims of labor law violations are entitled to be compensated for all “direct or foreseeable pecuniary harm” due to illegal labor practices.

    The National Labor Relations Act (NLRA)

    In 1935, Congress passed the National Labor Relations Act (NLRA), making it clear that it’s the policy of the U.S. to encourage collective bargaining by protecting workers’ full freedom of association. It ultimately protects workplace democracy by providing employees at private-sector workplaces the fundamental right to seek better working conditions and designation of representation without fear of retaliation. The NLRA prohibits employers from firing, demoting, or withholding benefits from employees due to their involvement in or support of a union.

    The following are examples of illegal discrimination under the NLRA:

    • Discharging employees because they urged other employees to join a union 
    • Refusing to reinstate employees when jobs they are qualified for are open because they took part in a union’s strike 
    • Demoting employees because they circulated a union petition among other employees asking the employer for an increase in pay 
    • Discontinuing an operation at one plant and discharging the employees involved, then opening the same operation at another plant with new employees because the employees at the first plant joined a union 
    • Refusing to hire qualified applicants for jobs because they belong to a union 

    What The Board Is Saying

    Recently, the board has been vocal in expressing updates to the current laws that are in place. In addition to the loss of earnings and benefits, victims of unfair labor practices may incur significant financial costs, including:

    • Out-of-pocket medical expenses
    • Credit card debt
    • Other costs that are a direct or foreseeable result of the unfair labor practices

    The NLRB determined that compensation for these losses should be a part of the standard, make-whole remedy for labor law violations. The board emphasized that employees aren’t made whole until they’re fully compensated for financial harm suffered from unlawful conduct. Common remedies imposed included reinstatement of employment, back pay, payment of dues and fines, stopping unlawful rules or practices, or a notice posted at the workplace. The NLRB’s latest law expands this list substantially for employers, holding them more accountable for their actions.

    The following are new make-whole remedies that the NLRB has cited:

    • Compensation for health care expenses that an employee incurs as a result of an unlawful termination of health insurance
    • Compensation for credit card late fees incurred
    • Compensation for the loss of a home or a car that an employee suffered resulting from an unlawful discharge
    • Employer sponsorship of work authorizations for the firing of undocumented workers

    In addition, for an employer’s unlawful failure to bargain with a union, remedies could include the following:

    • Compensation for losses sustained by employees
    • Bargaining schedules
    • Cease-and-desist orders
    • Reimbursement of collective bargaining expenses
    • Reinstatement of a one-year contract bar
    • Reinstatement of proposals that the board finds to have been unlawfully withdrawn
    • Submission of periodic detailed progress reports to the board

    What This Means For Employers

    The biggest takeaway from this is to minimize and avoid any violations of the NLRA. It’s essential that you and your leaders within your organization must understand the rules associated with the NLRA. When you partner with GMS, we take on that responsibility for you. Our HR experts ensure you remain compliant in all areas of your business, from payroll to benefits to risk management, we’re here to help. If you want to learn more, contact us today.

  • On December 22nd, 2023, in a bipartisan vote, the U.S. Senate approved the Pregnant Workers Fairness Act (PWFA) to be included in the 2023 federal spending plan. As the bill moved forward into the House of Representatives, it was then passed on December 23rd, 2022. The same day, President Joe Biden signed the bill into law. Continue reading to discover the mandated accommodations associated with PWFA.

    What Is The PWFA?

    The PWFA requires companies to provide pregnant workers with reasonable accommodations such as limits on heavy lifting and more frequent breaks. Currently, federal law only requires those accommodations if employers also offer them to workers with injuries or medical conditions. Under the PWFA, employers with 15 or more employees must accommodate applicants and employees with known limitations due to pregnancy, childbirth, or related medical conditions.

    The Biden Administration has continued to support the PWFA, stating that pregnant workers are often compelled to choose between their health and their jobs. Unless these accommodations are incorporated into law, pregnant women will not be protected. Due to this, many women have a difficult time proving pregnancy discrimination against their employers. The lack of protection for women who are expecting often leads to thousands of women losing their jobs each year. The implementation of the PWFA has mandated that reasonable accommodations must now be implemented into your business operations. Accommodations may include:

    • Assigning lighter work
    • Permitting frequent bathroom breaks 
    • Allowing water at workstations 

    Implementing Temporary Accommodations 

    Often, accommodations may be made for a pregnant employee with the expectation of removing it after the child is born. For example, if a woman needs to work from home for a certain period, then employers must decide if the position can be properly completed remotely. For employers, some positions can be challenging to accommodate. What happens when you can’t make accommodations for your employees? If pregnant workers can no longer complete the essential functions of their position, employers are allowed to provide indefinite leave. No one wants to lose an employee due to temporary circumstances; therefore, employers must consider whether they can create a new position for the time being. This will allow pregnant women in the workforce to have a healthy and safe pregnancy.

    Reaching ADA Accommodations 

    This legislation was modeled on the Americans with Disabilities Act (ADA). Currently, the ADA has laws in place to minimize discrimination against pregnant women. When it comes to women who are breastfeeding, federal law requires employers to provide reasonable time and clean space when necessary. However, due to the Affordable Care Act (ACA) in 2010, many salaried workers were excluded from this law. Through women’s pregnancies, many often work in physically demanding and low-wage positions. 

    Ease The Implementation Process 

    Ever-changing legislation can be overwhelming for a busy business owner to manage. When you partner with GMS, you don’t have to worry about missing legislative updates that may affect your compliance. Remove the consistent administrative burdens and get back to focusing on what’s important – growing your business. Contact GMS today to learn more.

  • During the rush of the holiday season, employers often turn to additional help – seasonal workers. However, as employers are feverishly hiring, they often make a variety of mistakes. According to the U.S. Department of Labor (DOL), employers who are unaccustomed to seasonal hiring may not be aware of the rules and regulations. Are you ready to focus on making your business thrive this holiday season? Continue reading to find out how to accurately add to your employee count.

    The Hiring Process

    Before you begin the hiring process, establish a well-planned strategy to comply with employment laws. Building a strategy will allow you to protect your business. It’s essential to ensure that new hires are aware that they are hired on a temporary basis. Furthermore, you should require any seasonal employee to acknowledge, in writing, that they will only be guaranteed employment for the specified duration. Another consideration is to utilize “at-will” employees. This type of employee gives employers the legal right to terminate the employee with or without cause.

    Employee Classification

    When classifying your employees, you want to ensure that the classification is appropriately documented. It might be easy to assume that due to the length of employment, these employees should be classified as independent contractors; however, this is not the case. Employers considering their seasonal workers as independent contractors should ensure that the classification meets the legal requirements.

    Wage And Exemption Pitfalls

    Common pitfalls employers often see when hiring seasonal workers are due to incorrect pay. Employers make the mistake of paying employees less than minimum wage or failing to comply with overtime requirements. The Fair Labor Standards Act (FSLA) requires seasonal employees to be paid one-and-a-half times the regular pay rate for any additional hour worked over the 40-hour week. However, under FLSA, seasonal workers may be exempt from receiving overtime pay working in establishments such as:

    • Recreational establishments
    • Organized camps
    • Religious groups
    • Non-profits
    • Educational institutions

    Company Size

    The size of your organization can create a barrier to the talent you need; however, employee thresholds often vary by state. Additional employees can put small business owners into a new size classification. Employers should determine whether additional workers will convert them into large employers under the Affordable Care Act (ACA).  However, if a company is already a large employer, health benefits are required to be provided to seasonal employees.  Failure to provide the required benefits can lead to expensive consequences for employers. Consider reviewing your benefits policies and health plans to establish whether these offerings are required.

    Simplify Seasonal Hiring With GMS

    With the holiday season in full swing, it’s vital for employers to properly hire their seasonal workers. With GMS as a partner, our team of HR professionals can ease the administrative burdens that come along with seasonal hiring. GMS will ensure you remain compliant, so you can focus on growing your bottom line. Contact us today to learn more.