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  • California employers, unless exempt, are required to exhibit their annual summary of work-related injuries and illnesses visibly at every worksite from February 1, 2024, through April 30, 2024. This requirement ensures that employers are informed about the safety landscape of their workplace, promoting transparency and accountability.

    The Cal/OSHA’s Form 300A is the cornerstone for this mandatory posting. Employers can access guidance on completing both the log (Form 300) and the annual summary (Form 300A) on Cal/OSHA’s Recordkeeping Overview page, facilitating compliance with the regulations.

    Recording Requirements For Work-Related Incidents

    Cal/OSHA dictates that employers must record work-related fatalities, injuries, and illnesses according to specific criteria. An incident must result in one of the following to be considered recordable:

    • Death 
    • Days away from work 
    • Restricted wrok or transfer to another job
    • Medical treatment beyond first aid
    • Loss of consciousness
    • A significant injury or illness diagnosed by a physician or other licensed health care professional 

    Inclusion Of COVID-19 Incidents

    While the COVID-19 emergency in California has ended for workplace health and safety requirements, any work-related COVID-19 fatality or illness meeting the criteria must be diligently recorded on the employer’s Form 300, 300A, and 301, or equivalent form.

    Electronic Submission Requirement For Covered Employers

    Certain employers are obligated to electronically submit Form 300A data annually to Cal/OSHA by March 2, 2024, if they meet specific criteria:

    Employers who fall within these categories can refer to Appendix H for a comprehensive list of covered industries and obtain information on electronic submission through the federal OSHA’s Injury Tracking Application website.

    What Next?

    By adhering to these regulations, employers demonstrate their commitment to maintaining a safe and healthy work environment, fostering trust and well-being among their workforces. However, this can be challenging as a small business owner wearing multiple hats simultaneously. However, we’re here to tell you there’s a solution – partnering with a professional employer organization (PEO) like GMS. This partnership allows business owners to leverage the expertise and resources of a dedicated team to ensure seamless compliance with regulations, including the accurate completion and submission of required forms, while also accessing tailored guidance on workplace safety best practices. Embracing GMS’ support streamlines administrative burdens and empowers business owners to prioritize their core operations, knowing that their workforce’s well-being and regulatory obligations are being managed properly. Contact our HR experts today to learn more. 

  • The Internal Revenue Service (IRS) has recently unveiled a voluntary disclosure program for employers who mistakenly claimed the Employee Retention Credit (ERC). The ERC, a refundable tax credit, was designed to aid businesses that faced hardships due to closures and event cancellations mandated by state and local governments during the pandemic.

    Understanding The Issue

    Despite the noble intent behind the ERC, numerous employers who were ineligible for the credit applied for and received funds. This was partly due to misinformation provided by scammers. As a result, the IRS initiated a disclosure program to rectify these erroneous claims, which is open for participation until March 22nd, 2024.

    Consequences Of Erroneous Claims

    Employers who erroneously claimed the ERC face multiple repercussions, ranging from financial penalties to potential criminal investigations. If the funds have not been received, employers can withdraw their ERC claim, essentially nullifying the claim. Completing the voluntary disclosure paperwork and returning 80% of the total credit is necessary for those who have already received the funds.

    However, failure to rectify these claims may lead to audits by the IRS and subsequent demands for the full refund of the credit, along with interest and potential penalties. In cases of fraud, employers could even face criminal investigations and prosecution for submitting false tax claims to the IRS.

    Eligibility Criteria For The ERC

    To qualify for the ERC, a business must meet one of the following criteria:

    • Sustained a full or partial suspension of operations due to a government order limiting commerce, travel, or group meetings because of COVID-19 during 2020 or the first three quarters of 2021
    • Experienced a significant decline in gross revenue during 2020 or a decrease in gross revenue during the first three quarters of 2021
    • Qualified as a recovery startup business for the third or fourth quarters of 2021

    In addition, certain agencies, such as government agencies and employers that faced supply chain disruptions but did not experience a government-ordered suspension of operations, are not eligible for the credit.

    Challenges And Confusion

    Determining eligibility for the ERC can be challenging for employers, particularly in assessing the significance of revenue downturns or operational slowdowns. The complexity of this criteria has led to confusion among employers, with many unsure if they were rightfully entitled to the credit.

    The situation has been worsened by aggressive marketing tactics employed by some firms, which encouraged businesses to apply for credit even if they were not eligible. Employers were enticed with promises of substantial funds, often at the request of marketers who stood to gain a percentage of the claimed tax credit.

    Recommendations And Guidance

    Given the complexities and potential pitfalls associated with the ERC, it’s crucial for employers to seek guidance from trusted tax advisors. Advisors who do not stand to benefit from the credit can offer unbiased counsel, helping employers navigate eligibility requirements and make informed decisions.

    In light of the IRS’ voluntary disclosure program, employers are urged to take a close look at their ERC submissions and reassess their eligibility with the assistance of legal, accounting, and HR professionals. This presents a limited window of opportunity for employers to rectify any erroneous claims and avoid potential repercussions.

    In addition, it’s essential for employers to be aware that wages reported as payroll costs for the Paycheck Protection Program (PPP) loan forgiveness cannot be used to claim the ERC. The PPP, established by the CARES Act, provides small businesses with funds to pay up to eight weeks of payroll costs, including benefits. Funds can also be used to pay interest on mortgages, rent, and utilities.

    Looking For Assistance?

    The IRS’ new voluntary disclosure program offers employers an opportunity to rectify erroneous ERC claims and avoid potential legal and financial consequences. By seeking expert guidance and carefully reassessing their eligibility, employers can navigate this complex landscape with confidence and integrity. Not sure where to start? GMS, a certified professional employer organization (CPEO), provides business owners with valuable assistance and guidance. The following are several ways GMS can support businesses through this process:

    • Expert guidance on eligibility: GMS can provide expert advice on the eligibility criteria for the ERC, helping businesses assess their qualifications for the credit based on the specific requirements outlined by the IRS.
    • Compliance support: GMS is equipped to ensure that businesses comply with the ERC’s stringent guidelines. They can help employers navigate the complex compliance landscape, minimizing the risk of errors and ensuring adherence to the program’s terms.
    • Strategic advisory services: GMS can offer strategic advisory services, guiding employers on the best course of action regarding their ERC claims and voluntary disclosure.

    Contact our HR experts today to learn more.

  • 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.

  • Attention, California business owners! Get ready for some great news that will ease your COVID-19 burden (yes, COVID-19 is still relevant). The California Department of Public Health (CDPH) has recently changed the definition of a COVID-19 “outbreak,” and it’s in your favor. Let’s dive into the details of this game-changing update.

    The CDPH and Cal/OSHA previously defined an “outbreak” as three or more cases within 14 days for an exposed group. Employers caught in an outbreak were subjected to additional obligations under the Cal/OSHA COVID-19 nonemergency regulation until the number of cases dropped to one or fewer in 14 days. However, things have taken a positive turn. The CDPH has redefined an outbreak as three or more cases occurring within seven days. What’s even better is that this change is automatically incorporated into the Cal/OSHA regulation, as confirmed by the agency’s updated FAQ.

    What This Means For Employers In California 

    Now, let’s explore what these changes mean for employers. Brace yourself for lighter responsibilities, as meeting the “outbreak” status will now be more challenging. Here’s a breakdown of the impact:

    • Testing availability: Employers will only need to provide immediate and weekly testing to employees within the exposed group. 
    • Close contact management: Close contacts must undergo a COVID-19 test within three to five days after contact to be excluded from work, following the appropriate return-to-work criteria. 
    • Face covering requirements: Employees within the exposed group should wear face coverings when indoors or outdoors and within six feet of another person. 
    • Respirator rights: Employees can request and receive a respirator for voluntary use. 
    • Enhances COVID-19 measures: Employers will undertake additional COVID-19 investigations, reviews, and hazard corrections. 
    • Improved ventilation: Employers are encouraged to enhance ventilation using a MERV-13 filter or an equally efficient alternative. 
    • Reporting obligations: Reporting to local public health departments becomes necessary, if applicable. 

    To ensure compliance, it’s crucial that you review your local public health department’s outbreak reporting requirements, if any, to align with the new CDPH definition of an outbreak. Additionally, don’t forget that if your business experiences 20 or more cases within 30 days, it will be considered a “major outbreak” with additional responsibilities under the Cal/OSHA non-emergency regulation.

    GMS Is Here To Help California Business Owners

    At GMS, we understand the challenges faced by California businesses during these trying times. That’s why we’re here to offer our unwavering support as a professional employer organization (PEO). We help small business owners understand the intricacies of the redefined COVID-19 outbreak definition, ensure compliance with the updated requirements, and alleviate the burden of managing employee-related obligations.

    By relying on the knowledge and support of a PEO like GMS, businesses can focus on what they do best while leaving the complexities of regulatory compliance in capable hands. Take advantage of this positive shift in regulations, and let GMS be your trusted partner in safeguarding your California business. Contact us today to learn more.

  • On March 29th, 2023, after three years, Present Joe Biden signed H.J. Res. 7, a resolution to end the national COVID-19 emergency. The national emergency allowed the government to take sweeping steps to respond to COVID-19 and support the country’s economic, health, and welfare systems. While signing this bill immediately ends the COVID-19 national emergency, the public health emergency (PHE) remains in effect.

    The PHE will end on May 11th, 2023. Currently, the PHE mandates that health insurance plans fully cover COVID-19 testing without employee cost-sharing on both an in and out-of-network basis. Once this emergency ends, medical plans, including employer-sponsored plans, will not be required to pay for testing and will have to determine how to move forward.

    What This Means

    The national emergency ends provisions allowing an extended time for special enrollment in plans due to life events such as losing coverage, getting married, or having children. The national emergency gave individuals with a qualifying life event up to a year to enroll compared to individuals typically having 30 days to enroll.

    As a business owner, it’s essential that you’re aware of the impact this has on your business. When you partner with GMS, you gain access to HR experts who ensure you remain compliant. We work with you to update policies, whether in your handbook or educating your employees on the changes that will take place. Interested in learning what else we can help you with? Contact us today.

  • Business owners in today’s economy stress over the uncertainty of what’s to come. Let’s face it, COVID-19 took a toll on just about everyone but especially small business owners. Interest rates are rising, inflation is through the roof, and talk of a recession is all at the forefront of our minds. However, small business owners continue to hire additional employees. Over the last three months, over one million jobs were added within the U.S. Alongside this, you see companies such as Zoom, Dell, PayPal, and Hubspot lay off a significant amount of their workforce. As a business owner, you may think do I add more employees, or do I need to cut back?

    What The Experts Are Saying

    Mass layoffs have been a reality for many workers worldwide, especially since the COVID-19 pandemic. The pandemic forced many businesses to shut down or scale back operations, resulting in significant job losses in all industries. While the economy is slowly working on getting back to life before the pandemic, businesses still struggle to survive, forcing business owners to lay off workers and cut costs. The major companies making layoff announcements are those within the technology, accounting, and engineering industries. More than 77,000 workers in U.S.-based technology companies have been laid off in mass job cuts in 2023.

    However, the job market remains stronger than expected despite the ongoing recession fears and constant news regarding mass layoffs. The health care industry is growing rapidly, with more than two million job openings. In addition, the following industries are increasing their hiring efforts:

    • Restaurants
    • Hotels
    • Hospitals
    • Sports
    • Civil engineering
    • Dental

    Have You Considered Partnering With A PEO? 

    The job market is complex and ever-changing, as mass layoffs and hiring booms are happening within different industries. As the economy recovers and adapts to new circumstances, consider partnering with a professional employer organization (PEO) like Group Management Services (GMS). Between recruiting and retaining employees to payroll and tracking vacation time, there are many functions we can help with. When you partner with GMS, you gain HR experts that help you attract and retain top talent, create enticing job descriptions that get you the talent you need to grow, create a competitive benefits package, and so much more. Contact us today to learn more.

  • On February 3rd, 2023, the Office of Administrative Law (OAL) approved the Cal/OSHA COVID-19 regulation. It will remain in effect until February 3rd, 2025, with recordkeeping obligations remaining in effect through 2026. Alongside this, the Emergency Temporary Standard (ETS), which California employers have been following for the past three years, will come to an end.

    As a business owner, it’s essential that you understand what this regulation entails and what your responsibility is. For more information, click here. In addition, a fact sheet that the California Department of Industrial Relations released should also be utilized.

    Implement Changes With GMS

    With this new regulation in full effect, it’s essential that you take all steps necessary to ensure you comply. When you partner with GMS, we help you stay up to date with all rules and regulations. When new laws are enforced, we help you make the necessary changes to keep your business thriving. Contact us today.

  • 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 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.

  • While COVID-19 continues to affect individuals worldwide, states and several counties have extended COVID-19 safety rules, California being one of them. On December 15th, 2022, the California Occupational Safety and Health Standards Board voted to enact new COVID-19 prevention regulations. These regulations will be effective in January 2023 following a 30-day review period and remain in effect for at least two years.

    Flashback To 2020

    Since the very beginning of COVID-19 in 2020, the California Division of Occupational Safety and Health (CalOSHA) had implemented a series of emergency temporary standards (ETS) to help regulate COVID-19 within the workplace. Under specific conditions, OSHA is authorized to set ETS that take effect immediately and are in effect until superseded by a permanent standard. Typically, these standards are intended to be temporary, with an expiration date of six months. However, California’s Governor, Gavin Newsom, has continued to extend various iterations of the California ETS since 2020, with the last ETS expiring at the end of 2022 per executive order.

    What California Employers Need To Know

    As the ETS expired at the end of 2020, California’s Standards Board passed a non-emergency regulation that can stay in place indefinitely. However, the new regulations are only set for two years after their effective date, 2025. While these regulations reflect similarities to the requirements found in the COVID-19 Prevention ETS, the new provisions aim to make it easier for employers to provide consistent protections to their employees. It also allows for more flexibility if changes are made to guidance in the future from the California Department of Public Health.

    The following are requirements of the new regulation:

    • Exclusion of COVID-19 cases from the workplace and return-to-work requirements
    • Providing notice of potential COVID-19 exposures and access to free testing to identify close contacts
    • Implementation of workplace safeguards to prevent the spread of COVID-19, including ventilation enhancements and policies to encourage sick employees to stay home
    • Training of employees on COVID-19 hazards and the requirements of the regulations
    • Additional safety protocols are required for outbreaks (three plus cases in 14 days) and significant outbreaks (20 plus cases in 30 days)
    • Maintaining records for COVID-19 cases among employees

    Employers are not required to provide paid leave to employees that can’t work due to testing positive for COVID-19 or have been in close contact with someone with COVID-19. Since the new regulation follows the same guidelines as the original ETS and is less strict, existing policies should meet the requirements of the regulations. You must be consistent with the guidelines set by the California Department of Public Health. Additional information will be announced here.

    Allow GMS To Help!

    If you’re a business owner that’s been operating since the COVID-19 pandemic in 2020, you are already aware of specific regulations you must follow and enforce to protect yourself and your employees. However, if you’re a business owner in California, additional regulations are going into effect until 2025. While they may be similar to regulations you already have in place, it’s critical that you’re following them correctly. When you partner with GMS, we ensure you remain compliant and have rules and procedures in place. Whether it’s in your handbook and/or on a workplace poster in your common area, we’re here to help you every step of the way. Contact us today to learn more.