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  • Setting up a 401(k) plan for your small business not only helps you stand out in the competitive job market but also offers tax credits, deductions, and retirement savings for business owners. With the passing of SECURE Act 2.0, small businesses can take advantage of even more tax incentives, making a 401(k) plan more lucrative.

    The following steps will help get you started on establishing a 401(k) for your employees.

    Why Offer A 401(k) Plan?

    Many business owners assume a 401(k) plan is too costly or complex, but the benefits can far outweigh the negatives. By offering a 401(k) plan you can:

    • Attract and retain top talent: A recent study found that after health insurance, retirement plans are tied with company leave as the second most sought-after benefit. This study also found that 401(k) plans can help reduce turnover rates and boost retention by 81%.
    • Access tax credits: Small businesses with 50 employees or less may qualify for up to $5,000 per year in startup tax credits for the first three years, and an additional $500 annually for automatic enrollment, adding up to a potential $16,500 in total savings.
    • Secure retirement savings: A 401(k) plan lets business owners contribute to their own retirement savings while offering tax-deductible contributions for their company.

    Step 1: Research Retirement Options

    If you don’t have a 401(k) set up for your business, begin by exploring providers. Look into reputable financial institutions that offer robust support, payroll integration, and easy administration. Seek feedback from other small business owners about their experiences and consider a provider that can serve you for the long term.

    Consider factors such as:

    • Cost: How much is the plan? Is there a monthly fee associated with managing the plan?
    • Investment options: What funds are available in the plan?
    • Advice and guidance: Is there advice or counsel offered for participants?
    • Customer support: Is there easy access to reliable support if technical questions arise?

    Step 2: Choose Your 401(k) Plan Type

    Once you have a provider, select one or more plan types that best fits your business and employees’ needs:

    A traditional 401(k) allows employees to make pre-tax contributions via payroll deductions. Employers can contribute on behalf of employees, offer matching contributions, or both, with these contributions potentially subject to a vesting schedule. This plan must meet nondiscrimination requirements through annual actual deferral percentage (ADP), actual contribution percentage (ACP), and top-heavy tests to ensure fairness to ensure fairness. to ensure fairness.

    A Roth 401(k) is similar to traditional plans but contributions are made with after-tax dollars. This means withdrawals from the account are tax free upon retirement.

    The safe harbor 401(k) also resembles traditional plans except this plan requires employers to make contributions that employees own right away. These contributions can either match what employees put in or be a set amount for everyone who qualifies. A safe harbor plan doesn’t have to pass the ADP or ACP tests if employers provide their employees with clear and timely information about how the plan works and what their rights are.

    Lastly, the SIMPLE 401(k) is designed for small businesses with 100 or fewer employees. It is not subject to annual nondiscrimination tests and requires fully vested employer contributions. However, employees cannot receive contributions under other plans of the employer. If an employer offers alternative retirement plans, an employee utilizing the SIMPLE 401(k) plan can’t maintain those options.

    Once you have your plan type(s) selected, you should then consider other factors such as automatic enrollment and matching contributions. Automatic enrollment self-enrolls employees in your company’s plan, increasing participation rates and potentially qualifying your business for extra tax credits. Matching contributions is when an employer matches an employee’s 401k contribution up to a certain percentage of the employee’s salary.

    Step 3: Create A 401(k) Plan Document

    Draft a plan document that meets IRS requirements and outlines the specifics of your retirement plan. This document will include the plan’s terms, contribution structure, and eligibility criteria. Work with your provider to ensure compliance with federal regulations.

    Step 4: Set Up A Trust To Hold Plan Assets

    All 401(k) plan assets must be held in a trust to protect participants’ interests. Appoint at least one trustee to manage contributions, investments, and distributions, ensuring the plan’s financial integrity.

    Step 5: Maintain Accurate Records

    Accurate record-keeping is essential for tracking contributions and plan values. Many small businesses work with a contract administrator or financial institution to simplify this process and ensure ongoing compliance.

    Step 6: Inform Your Employees

    Provide employees with a summary plan description (SPD) that explains the plan’s benefits, rights, and features. Keep employees updated on investments and any plan changes. Transparent communication helps employees make informed decisions about their retirement savings.

    Step 7: Monitor And Maintain The Plan

    Regularly review your 401(k) plan to ensure it continues to meet your business and employees’ needs. A reliable provider can assist with compliance checks, manage reporting requirements, and help maximize the plan’s value.

    Tax Benefits Of Setting Up A 401(k) Plan

    Establishing a 401(k) plan offers several tax advantages for your business including:

    • Startup tax credits: As mentioned above, small businesses with up to 50 employees may qualify for a tax credit covering 100% of startup costs, up to $5,000 per year for the first three years. Medium-sized businesses (51-100 employees) are eligible for a 50% credit on administrative costs, capped at $5,000 annually for three years.
    • Employer contribution credit: The SECURE Act 2.0 introduced a credit that allows small businesses to receive up to $1,000 per employee in employer contribution credits. This amount phases out gradually over five years, providing 100% credit in the first two years, 75% in the third year, 50% in the fourth year, and 25% in the fifth year.
    • Employer contribution deduction: Employers can deduct contributions up to 25% of eligible employees’ compensation, directly reducing federal tax liability.
    • Pre-tax deferrals for employees: Contributions reduce taxable income for the employer and employees, as pre-tax contributions defer taxes until funds are withdrawn, potentially lowering employees’ tax bills in retirement.

    Setting Up Your 401(k) With Ease

    Establishing a 401(k) plan may seem complex, but the right partner can make the process straightforward and manageable. A professional employer organization (PEO) like Group Management Services (GMS) simplifies 401(k) administration, offering expertise in plan selection, compliance, and ongoing management. Let GMS help you build a retirement plan that benefits your employees and strengthens your business.

    Ready to get started? Contact GMS today to explore how we can help you set up a 401(k) plan best suited for your business.

  • As workplace temperatures rise, so does the need for robust safety measures to protect employees from heat-related risks. In August 2024, the Occupational Safety and Health Administration (OSHA) took a critical step by introducing a new proposed rule aimed at preventing heat injury and illness in both outdoor and indoor work environments. This proposal highlights OSHA’s commitment to reducing heat-related injuries and fatalities by mandating preventative measures in all general industry, construction, maritime, and agriculture sectors.

    U.S. employers are responsible for the consequences of workplace injuries. In addition to the resulting downtime and lost productivity, these incidents increase insurance premiums.

    Here’s what you need to know about this significant development and its implications for your business.

    Why OSHA’s Heat Prevention Standard Matters

    Excessive heat is the leading cause of weather-related fatalities in the U.S., posing significant risks to workers in both outdoor and indoor settings where cooling measures are limited. According to the Bureau of Labor Statistics, workplace heat exposure caused 479 fatalities between 2011 and 2022 and over 33,000 work-related injuries. Many of these incidents could have been prevented with structured safety plans, which is exactly what OSHA aims to address with this new rule.

    Additionally, OSHA increased its penalty rates earlier this year. Violations now cost a business over $16,000 per infraction. This increase adds further motivation for employers to meet compliance standards.

    Key Components Of The Proposed Rule

    The proposed OSHA standard requires employers in all general industry, construction, maritime, and agriculture sectors to implement comprehensive heat prevention measures. The rule outlines several key requirements:

    • Heat hazard assessment: Employers must evaluate heat risks in their workplaces, considering both outdoor temperatures and indoor heat sources like machinery and equipment.
    • Heat injury and illness prevention plan: A core requirement of the proposal is for employers to develop a written plan that outlines specific steps for managing and mitigating heat hazards. This plan would clarify employer responsibilities, from ensuring access to water and shade to adjusting work schedules based on temperature.
    • Workplace controls: The rule proposes both engineering controls (such as cooling systems) and work practice controls (like rotating shifts and breaks) to reduce workers’ exposure to high heat.
    • Emergency response and training: Employers must establish protocols for responding to heat-related illnesses and train employees and supervisors on recognizing heat stress symptoms, administering first aid, and implementing preventive measures.

    Who Is Affected By The Rule?

    Workers in high-risk environments, particularly those exposed to direct sunlight or operating heat-generating machinery, would benefit significantly from this regulation. Some groups, such as pregnant workers and employees of color, who are disproportionately employed in essential roles at higher heat risk, stand to gain the most from these protections.

    Why Employers Should Prepare Now

    OSHA is currently inviting public comments on the proposal, with a deadline set for December 30, 2024. Employers have an opportunity to provide feedback, but it’s also an ideal time to begin implementing preventive strategies. Preparing ahead can help businesses align with potential regulatory requirements while fostering a safer work environment.

    Alternatively, small and midsize businesses (SMBs) should consider partnering with a professional employer organization (PEO). PEOs like Group Management Services (GMS) not only ensure compliance with OSHA but also implement cost-containment and loss-prevention strategies to lower workers’ compensation rates and save your hard-earned money.

    Next Steps For Employers

    To get ahead, employers can start by:

    • Assessing workplace heat risks: Conduct a thorough evaluation of both outdoor and indoor work environments to identify areas where heat hazards exist.
    • Developing a heat safety plan: Outline procedures to provide hydration, shade, and cooling measures, and identify work adjustments during high-heat periods.
    • Engaging in OSHA’s comment period: Employers can visit Regulations.gov to submit comments or participate in the public discussion to help shape the final rule.

    Taking Action To Ensure Compliance And Safety

    With OSHA’s heat prevention proposal, businesses now have to mitigate one of the leading environmental risks in the workplace. Taking proactive steps not only ensures compliance but also underscores a commitment to employee health and safety, a core value for any successful organization.

    For additional support, GMS has a team of workers’ compensation experts who work closely with your company to create a comprehensive risk management plan tailored to meet OSHA standards. Our team can support you through every step, assessing the heat risks in your workplace and complying with OSHA. Contact us today, and let us help you create a safer and more compliant workforce!

  • The Internal Revenue Service (IRS) has announced the annual adjustments to the standard deduction and tax brackets for tax year 2025, effective January 1, 2025. It’s important to note that these figures will be used to prepare your 2025 tax returns in 2026, not for your 2024 tax returns. Understanding these changes is vital for effective business planning and budgeting. 

    If you don’t anticipate significant changes in your financial situation for 2025, you can use these updated numbers to estimate your tax liability. However, if you expect changes such as increased income, getting married, starting a business, or having a baby, you should consider adjusting your withholding or estimated tax payments accordingly. Continue reading to understand how the adjustments impact you and your employees. 

    2025 Tax Bracket Overview 

    Each year, the IRS adjusts tax brackets to reflect changes in the cost of living, which helps maintain taxpayer purchasing power. For tax year 2025, the top tax rate remains 37% for individual single taxpayers with incomes greater than $626,350 ($751,600 for married couples filing jointly). The other rates are: 

    • 35% for incomes over $250,525 ($501,050 for married couples filing jointly). 
    • 32% for incomes over $197,300 ($394,600 for married couples filing jointly). 
    • 24% for incomes over $103,350 ($206,700 for married couples filing jointly). 
    • 22% for incomes over $48,475 ($96,950 for married couples filing jointly). 
    • 12% for incomes over $11,925 ($23,850 for married couples filing jointly). 
    • 10% for incomes $11,925 or less ($23,850 or less for married couples filing jointly). 

    Standard Deduction And Personal Exemptions 

    The IRS defines the standard deduction as a precise dollar amount that reduces the amount of income on which you’re taxed. A standard deduction consists of the sum of the basic standard deduction and any additional standard deduction amounts for age and blindness. The standard deduction has also increased for 2025: 

    • For single taxpayers and married individuals filing separately for tax year 2025, the standard deduction rises to $15,000 for 2025, an increase of $400 from 2024. 
    • For married couples filing jointly, the standard deduction rises to $30,000, an increase of $800 from tax year 2024.  
    • For heads of households, the standard deduction will be $22,500 for tax year 2025, an increase of $600 from the amount for tax year 2024. 
    • Personal exemptions for tax year 2025 remain at zero, as in tax year 2024. The elimination of the personal exemption was a provision in the Tax Cuts and Jobs Act of 2017. 

    Additional IRS Adjustments 

    The IRS has updated a variety of other thresholds for 2025: 

    • Alternative minimum tax (AMT) exemption: $88,100 for single filers and $137,000 for married couples filing jointly. 
    • Earned income tax credit (EITC): Maximum EITC amount rises to $8,046 for qualifying taxpayers with three or more children. 
    • Flexible spending account (FSA): The contribution limit increases to $3,300. 

    For in-depth details regarding the 2025 adjustments, click here. 

    What Your Employees Should Know 

    The new tax brackets apply to all earnings starting January 1, 2025. Employees should be provided with the resources necessary to make informed decisions. The IRS offers a tax withholding estimator that helps individuals determine if they have too much federal income tax withheld, which could reduce their take-home pay. Alternatively, it can assist employees with additional income sources in deciding whether to withhold more or make an estimated tax payment to avoid a tax bill. Employees can also submit IRS Form W-4 to their HR or payroll department to ensure the correct federal income tax is being withheld. 

    What This Means For Business Owners 

    If you’re a business owner, it’s essential to understand the tax bracket adjustments and standard deductions. Paycheck withholding amounts and quarterly estimated tax payments can affect an employee’s income level subject to a higher tax bracket. Additionally, the following could impact your employees’ decisions: 

    Preparing For The Adjustments 

    Business owners should take proactive steps to prepare for these changes by: 

    • Reviewing payroll systems: Ensure your payroll systems are updated to reflect the 2025 tax brackets and standard deductions. This will help avoid discrepancies in employees’ paychecks. 
    • Communicating with employees: Inform your employees about the changes and how they might impact their take-home pay. Providing resources like the IRS tax withholding estimator can help them make informed decisions. 
    • Adjusting financial plans: Revisit your business’s financial plans and budgets to account for changes in tax liabilities. This includes reviewing estimated tax payments and potential impacts on cash flow. 
    • Consulting with tax professionals: Engage with tax advisors to understand the full implications of these changes on your business and to ensure compliance with IRS regulations. 

    How GMS Can Help With Tax Compliance 

    Navigating tax changes can be challenging, especially when it comes to payroll compliance. Failing to comply can result in hefty penalty fees. It is estimated that 40% of small businesses pay tax fines of more than $850 annually. GMS offers expert payroll tax management services, ensuring your business complies with the latest IRS updates. From handling payroll deductions to managing employee contributions, our services simplify your tax obligations, helping you focus on growth. Contact us today to learn how we can support your business.  

  • Starting in January 2025, California employers must adjust their hiring practices to align with a new amendment to the Fair Employment and Housing Act (FEHA). Senate Bill 1100 prohibits employers from requiring job applicants to have a driver’s license unless driving is an essential and unavoidable part of the job. This change aims to support the employment of non-drivers who rely on alternative forms of transportation like ride-hailing services, public transit, biking, or walking. 

    Understanding The FEHA Amendment 

    California law already prohibits discrimination based on an applicant’s immigration status, with nonstandard driver’s licenses (such as AB 60 licenses) issued to individuals who cannot prove legal presence in the United States. However, the new legislation expands protections to those without any form of driver’s license, aiming to ensure that transportation barriers do not unnecessarily limit job opportunities. 

    Under the amended FEHA, employers can no longer include blanket statements in job ads or applications requiring a driver’s license unless: 

    1. Driving is an essential job function. The employer must reasonably expect the role to require driving in a way that cannot be replaced by alternative transportation. 
    2. Alternative transportation is not comparable. The employer must determine that using a ride-hailing service, taxi, or other modes of transportation would not be feasible in terms of travel time or cost. 

    The law aims to prevent discrimination against individuals who either cannot afford to maintain a vehicle or whose physical limitations prevent them from obtaining a license, such as those with visual impairments. 

    Implications For Employers 

    Employers in California should review their hiring materials, including job postings, applications, and recruitment ads, to ensure compliance with the new FEHA requirements. Starting January 2025, employers must clearly evaluate whether a driver’s license is necessary for the job or if alternative transportation methods could fulfill the role’s demands. 

    Businesses operating in Los Angeles County must comply with local hiring regulations. This includes the Fair Chance Ordinance, which imposes specific requirements for job solicitations. 

    Why This Matters 

    This amendment is part of a broader effort to remove barriers to employment, particularly for those who rely on public transportation or ride-sharing services due to financial or physical limitations. Employers who fail to comply with the new law not only risk legal penalties but also a loss of access to a broader, more diverse talent pool. This adjustment offers an opportunity for employers to rethink what is truly necessary in their job requirements, encouraging inclusivity in the workplace. 

    How GMS Can Help 

    Staying compliant with labor laws can be complex. At Group Management Services (GMS), we specialize in helping businesses navigate regulatory changes like California’s new FEHA amendment. Whether you need assistance with drafting compliant job descriptions, updating your hiring processes, or managing other HR functions, GMS has the expertise to ensure your business remains compliant and avoids costly penalties. Contact us today to learn more about how we can support your HR and compliance needs. 

  • In today’s unpredictable U.S. health care landscape, businesses are struggling more than ever to provide competitive health benefits while controlling rising costs. Next year, U.S. employers project a 9% increase in health care plan costs – 2.6% higher than last year’s budget increases. Each employee covered by company health plans will cost $16,000 annually. 

    Small and midsize businesses (SMBs) are finding it particularly daunting to offer competitive health care plans compared to their larger competitors. A single hospital claim can cost a company over $100,000. Employers struggling with these rising costs often look for assistance from external organizations specialized in fighting claims and managing benefits administration. 

    Continue reading to discover key strategies that can help your business manage its health care costs and optimize employee benefits for the coming year. 

    What Type Of Medical Insurance Does My Business Need? 

    There are two primary types of medical insurance: 

    Fully funded 

    • This is the most common option, where insurance rates are set based on factors such as age, gender, and location. 
    • While easy to manage, businesses have little insight into how their plan is performing – such as how well the plan controls costs, processes claims, and manages employee health care usage. 

    Level funded 

    • This option provides greater transparency, as it’s based on the health of the group, size of the company, and expected usage. 
    • This gives SMBs a better understanding of their plan’s performance and predict renewal costs. 
    • However, it can be more unpredictable, especially for smaller groups, because they’re tied to the group’s health and claims history. A single high-cost claim can cause unpredictable spikes in renewal premiums, making budgeting less stable compared to fixed premium plans. 

    Given these options, businesses should ask critical questions when selecting a health insurance partner. SMBs need to consider factors beyond the deductible, such as copayments and the maximum out-of-pocket costs.

    Catastrophic Claims 

    Catastrophic claims, where serious injuries result in permanently preventing an employee from working, now account for over 20% of cost increases. Without proper audits and cost-control initiatives, SMBs are at the mercy of health care providers.  

    Measures that can have a positive impact on cost savings include: 

    Case management 

    • Health care professionals coordinate complex care for employees to ensure they receive appropriate treatment, helping avoid unnecessary services and reducing overall costs. 

    Disease management 

    • Employers can reduce expenses associated with emergency medical care by offering guidance and resources to support employees with chronic conditions. 

    Nurse advice lines 

    Claim audits 

    • Reviewing medical bills ensures accuracy and helps catch errors or overcharges. 

    Rising Cost Of GLP-1 Drugs 

    A major driver behind the increase in prescription drug costs is the rising demand in Glucagon-Like Peptide-1 (GLP-1) drugs, such as Ozempic, Wegovy, and Trulicity. Commonly prescribed to treat diabetes and obesity, GLP-1 drugs are responsible for over 75% of the increase in costs. These medications, ranging from $1,000 to $1,500 per month, can quickly strain an employer’s budget. 

    Providing employees access to more affordable services like telehealth, coaching, or gym membership reimbursements also allows you to support their healthy lifestyle change without breaking the bank. 

    Medical Provider Costs 

    “Your worst-case scenario is what you need to plan for,” -GMS’ Benefits Sales Manager, Claire McCarus 

    To combat these rising costs, SMBs should design a plan that includes: 

    Dependent eligibility audits 

    • A process that reviews and verifies that all dependents enrolled in a company’s health plan meet eligibility requirements. 

    High deductible health plans (HDHP) 

    • Insurance plans that offer lower premiums but require employees to meet higher deductibles, meaning they must pay more out-of-pocket costs before full coverage begins. 

    Spousal surcharges 

    • Additional fees are charged when an employee’s spouse has access to their own employer-sponsored health insurance but chooses to remain under the employee’s plan. 

    Formulary changes 

    • Adjustments to the list of prescription drugs covered by a health plan, aimed at promoting cost-effective medications and managing rising drug expenses. 

    At Group Management Services (GMS), we offer highly competitive health care plans that help business owners effectively manage rising health care costs. On average, our plans are 26% lower for individuals and 15% lower for families compared to the U.S. market. 

    What About Ancillary Benefits? 

    Ancillary benefits, such as dental, vision, life insurance, and disability, are an affordable way to enhance your benefits package without the high cost of medical insurance. Offering these supplementary benefits can also boost employee satisfaction and retention at a lower cost. 

    Partner With GMS 

    Managing your company’s health care plan is stressful and expensive, especially for smaller businesses. As health care costs continue to increase, you’ll want to start looking for ways to cut down on claims and prescription drugs and reorganize suitable medical plans for your business. 

    If all of this sounds daunting – don’t worry. There are companies with the sole purpose of helping you manage the backend complexities that come with running a business. Outsourcing to a partner like GMS can simplify the administrative burden, providing a dedicated team to handle employee inquiries, manage claims, and even oversee the Consolidated Omnibus Budget Reconciliation Act (COBRA) administration.  

    This support helps ensure nothing falls through the cracks, enabling employers to focus on their business rather than the complexities of benefits administration. Contact us here so we can help your business reduce avoidable expenses and alleviate the stress associated with managing employee benefits. 

  • In 2025, more than 72.5 million Americans will see a change in their Social Security and Supplemental Security Income (SSI) benefits due to a 2.5% cost-of-living adjustment (COLA). This change, announced by the Social Security Administration (SSA), aims to help retirees and SSI recipients to keep pace with rising costs. While the adjustment isn’t as significant as the 3.2% increase in 2024, it is still a crucial step toward maintaining the financial stability of millions of Americans, especially in a fluctuating economy. 

    What Does The 2025 COLA Mean For Social Security Beneficiaries? 

    For Social Security beneficiaries, the 2.5% COLA will result in an average monthly benefit increase of about $50, starting in January 2025. Meanwhile, SSI recipients will begin receiving increased payments on December 31, 2024. This boost is part of the SSA’s annual adjustment process, which ties COLA to the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), ensuring benefits adjust with inflation. 

    In addition to the benefit increase, the taxable maximum (the maximum amount of earnings subject to Social Security tax) will rise from $168,600 to $176,100. This means higher-income earners will contribute more to Social Security in 2025. 

    The earnings limit for individuals who have not yet reached full retirement age will increase, allowing them to earn up to $23,400 before benefits are reduced. For those reaching full retirement age in 2025, the limit rises to $62,160. There are no earning limits for individuals at or above full retirement age, which provides greater flexibility for those continuing to work. 

    Simplified Communication For Beneficiaries 

    One key improvement in 2025 is the SSA’s redesign of the COLA notice. Beneficiaries will now receive a simplified, one-page document with personalized information about their benefit changes, making it easier to understand their new payment amounts and any applicable deductions. Beneficiaries with a “My Social Security” account can access this information online before receiving the mailed notice, providing quicker access to critical updates. 

    These changes reflect the SSA’s ongoing effort to streamline communication and improve the user experience, making it easier for beneficiaries to manage their benefits. 

    What Employers Need to Know 

    For businesses, particularly those managing payroll for employees receiving Social Security benefits, these changes require adjustments in payroll processes. The increase in the taxable maximum and changes to the earnings limits will impact payroll deductions and reporting requirements. Employers must stay informed about these changes to avoid compliance issues and ensure that deductions and withholdings are handled correctly. 

    Additionally, businesses should be aware that employees who are nearing full retirement age may adjust their working hours or earnings to avoid benefit reductions, affecting workforce planning and productivity. Employers who offer benefits that coordinate with Social Security, such as pension plans or retirement savings programs, may also need to update their offerings to align with the new COLA. 

    Partner With GMS 

    In a financial landscape that is constantly changing, businesses need a strategic partner to help navigate the complexities of payroll management, tax compliance, and regulatory changes like the Social Security COLA. As a professional employer organization (PEO), GMS provides the expertise and support needed to optimize payroll processes and ensure compliance with these updates. By partnering with GMS, businesses can focus on their core operations while we manage the administrative burdens, ensuring that both employers and employees benefit from financial stability. 

    Let GMS be your trusted partner in staying compliant and navigating the ever-changing world of payroll and benefits. Contact us today to learn more about how we can support your business through 2025 and beyond. 

  • On September 24, 2024, the Pittsburgh City Council passed a groundbreaking ordinance that prohibits employment discrimination based on an individual’s status as a medical marijuana patient. Signed into effect immediately, this ordinance has significant implications for employers, particularly those with five or more employees. This new law prohibits pre-employment drug tests for marijuana for applicants who hold valid Pennsylvania medical marijuana cards. It also imposes limitations on employer-initiated marijuana testing during the course of employment without suspicion of impairment.” 

    Key Provisions Of The Pittsburgh Medical Marijuana Ordinance 

    The ordinance sets a new precedent in employment law, shifting the focus from how employers handle positive marijuana test results to whether they can conduct marijuana tests at all. Unlike similar protections in other states, such as New Jersey, where employers can test but are limited in their ability to take action based on a positive result, Pittsburgh’s ordinance removes the option to test medical marijuana patients altogether, except under specific safety-related circumstances. 

    The ordinance defines a medical marijuana patient as someone with a serious medical condition, disability, or handicap who is certified under Pennsylvania law to use marijuana for medical purposes. This protection applies only to individuals participating in Pennsylvania’s Medical Marijuana Program. The law does not extend to non-participants or recreational marijuana users. 

    While this protection offers significant benefits to medical marijuana patients, it poses a challenge for employers. Typically, employers do not know whether an applicant or employee holds a medical marijuana card unless the individual volunteers that information, making it challenging to apply the ordinance in pre-employment scenarios where medical disclosures are not yet allowed. 

    Exceptions And Limitations 

    Though the ordinance is comprehensive, it does include several critical exceptions. Employers can still test applicants or employees for marijuana if they work in certain safety-sensitive positions. For example, individuals subject to U.S. or Pennsylvania Department of Transportation regulations, those who handle firearms, or employees in positions with specific collective bargaining agreements that mandate drug testing are exempt from the ordinance’s protections. 

    Additionally, Pennsylvania’s Medical Marijuana Act allows employers to take action against employees under the influence of marijuana while performing specific high-risk tasks. This includes working with chemicals requiring government permits, operating heavy machinery or high-voltage equipment, or performing duties at heights or in confined spaces. 

    The ordinance allows employers to: 

    • Discipline employees under the influence of marijuana at work. 
    • Prohibit marijuana use in the workplace. 
    • Test employees for illegal drug use. 
    • Conduct drug tests if there is reasonable suspicion of impairment. 
    • Perform drug tests following workplace accidents. 

    Employers must navigate these provisions carefully to ensure compliance while maintaining workplace safety. 

    Implications For Employers 

    For businesses operating in Pittsburgh, the new ordinance necessitates reevaluating pre-employment and workplace drug testing policies. Employers should implement clear processes for identifying medical marijuana cardholders. After conditional job offers, employers should ensure that safety-sensitive positions are properly classified and update their policies to reflect the ordinance’s testing limitations. 

    Failing to comply with these new regulations can expose employers to potential legal risks, including discrimination claims. This adds another layer of complexity to already intricate employment law compliance requirements. 

    How GMS Can Help 

    Navigating changing employment laws, particularly around medical marijuana, can be challenging for employers. At GMS, we understand how complex it is to stay compliant with constantly changing local and federal regulations. Our team of experts can help you develop HR policies that align with the new Pittsburgh ordinance, ensuring your business remains compliant while ensuring a safe and productive work environment. 

    Whether your business needs assistance with pre-employment procedures, policy development, or ongoing employee management, GMS can provide the tailored support you need. We take care of the administrative and compliance burdens so you can focus on growing your business. Contact GMS today to learn more about how we can help you adapt to these new regulatory changes. 

  • Employers must stay ahead of evolving employment laws to ensure compliance and adaptability. One of the latest regulations impacting employers is Los Angeles County’s Fair Chance Ordinance (FCO). The ordinance, which took effect on September 3rd, introduces strict rules for criminal background checks that are more stringent than those at the state or city level. Compliance with these rules is essential, as failure to do so can result in significant penalties. 

    What Is The Fair Chance Ordinance? 

    The FCO applies to employers located in or doing business in the unincorporated areas of Los Angeles County. If your business employs five or more workers, including temporary staff, contractors, or freelancers, and operates within these areas, you are subject to the FCO’s rules. This ordinance aims to provide opportunities for individuals with criminal histories by regulating how employers handle job postings, offer letters, and hiring procedures. 

    Key Requirements For Employers 

    Employers subject to the FCO must make several changes to their hiring and employment practices, including: 

    • Job postings: Employers cannot discourage candidates with a criminal history from applying. Instead, they must explicitly state that applicants with arrest or conviction records will be considered, in compliance with both the FCO and California’s Fair Chance Act (FCA). Additionally, employers must list any specific laws or regulations that may prevent them from hiring individuals with a criminal background. 
    • Offer letters: Employers are prohibited from asking about criminal histories until a conditional offer of employment has been made. If a background check is required, the offer letter must outline all the background checks that will be conducted, such as education, employment history, or social media activity. 
    • Consideration of criminal history: The FCO prohibits employers from inquiring about specific types of criminal records, including arrests not followed by conviction, sealed or expunged convictions, and convictions that are more than seven years old. Any adverse action based on criminal history must involve an individualized assessment and proper notification to the applicant. 
    • Adverse actions: If you intend to take an adverse action based on criminal history, you must provide the applicant with a written assessment of how their criminal record relates to the job. You must also give the candidate time to respond to this preliminary decision before finalizing any adverse action. 

    Penalties For Non-Compliance 

    The consequences for failing to comply with the FCO are severe. Fines range from $5,000 for the first violation to $20,000 for subsequent violations, and these penalties are assessed per violation. Beyond fines, the county’s Department of Consumer and Business Affairs may recommend the suspension or revocation of your business license. Additionally, employees can file complaints with both the county and the California Civil Rights Department if they believe their rights have been violated. 

    How GMS Can Help You Navigate Compliance 

    Navigating the complexities of the FCO can be overwhelming, especially when you consider that regulations vary across California’s different regions. Fortunately, GMS is here to support your business. Our HR and compliance experts, particularly those familiar with the Los Angeles area, are well-versed in local, state, and federal laws. We offer comprehensive services to ensure your hiring processes and policies fully comply with the FCO and other relevant regulations. 

    Here’s how GMS can help: 

    • Policy reviews and updates: We can audit your current hiring practices, job postings, offer letters, and record retention policies to ensure they meet FCO requirements. 
    • Custom compliance solutions: Whether you need to update your background check procedures or implement proper documentation for individualized assessments, our experts can help you create tailored solutions that align with the FCO’s rules. 
    • Training and education: GMS offers training programs for your HR team to stay informed about the latest legal requirements, including how to handle criminal background checks under the FCO and FCA. 
    • Ongoing support: As new laws and regulations are introduced, GMS will keep you updated and ensure your policies are always current and compliant. 

    Stay Ahead Of Changing Regulations With GMS 

    Los Angeles County’s Fair Chance Ordinance is just one example of how rapidly employment laws can change. To avoid costly fines and protect your business, it’s essential to stay proactive. At GMS, we provide the expertise and resources needed to help businesses comply with complex regulations, so you can focus on what matters most; running your company. Contact our team today to learn more about how we can assist you! 

  • As we move into the fourth quarter of the year, U.S. employers remain optimistic about hiring trends. Despite global economic uncertainties, the labor market has shown resilience, with unemployment and layoffs staying relatively low across many regions. Jonas Prising, the CEO of ManpowerGroup states, “The global labor market is holding steady as we move into the fourth quarter, with relatively low unemployment and layoff activity in many countries.” 

    This positive hiring outlook creates opportunities for businesses, but it also presents new challenges, especially when it comes to finding the right talent and ensuring workplace safety. The U.S. Department of Labor (DOL) has recently announced $12.7 million in grants awarded to 102 nonprofits nationwide. These funds are aimed at promoting education and training initiatives that foster safer working environments. 

    At GMS, we understand the dual importance of recruitment and safety. As businesses strive to grow, it’s crucial to not only bring in the right people but also maintain a secure workplace for all employees. Here’s how our recruitment services and risk management services can help your business succeed in Q4 and beyond: 

    How GMS Can Support Your Hiring Needs 

    Our recruitment services are designed to simplify the process of finding top talent, saving you time and resources. Whether you’re seeking temporary workers, full-time employees, or specialists, our team works closely with you to understand your unique needs and source qualified candidates. With the U.S. labor market in good shape, now is the time to optimize your recruitment strategy to ensure you’re hiring the right people to drive your business forward. 

    In addition to our recruitment services, GMS offers guidance on maintaining compliance with safety regulations. The recent grants from the DOL highlight the growing importance of workplace safety, and GMS can assist your company in navigating these requirements.  

    The Importance Of Workplace Safety 

    Workplace safety is not just about compliance; it’s about protecting your employees and ensuring your business runs smoothly. Safer workplaces lead to higher employee morale, reduced injury-related downtime, and lower costs related to accidents or legal issues. By partnering with GMS, we help you foster a culture of safety while providing the tools and resources to support employee well-being and reduce risks. 

    Why Partner With GMS? 

    With the positive hiring outlook and new initiatives to promote workplace safety, businesses need a partner who can help manage these areas effectively. At GMS, we’re more than just a service provider: we’re your partner in growth. Our recruitment solutions are tailored to meet the specific needs of your industry, while our safety services ensure you remain compliant with regulations that keep your employees safe. Let us handle the complexities of hiring and safety so you can focus on what matters most: growing your business. 

    As the fourth quarter approaches, it’s a perfect time to reevaluate your hiring and workplace safety strategies. Whether you’re looking to expand your team or enhance workplace safety, GMS is here to help your business thrive. Reach out to us today to learn how we can make your business simpler, safer, and stronger! 

  • No matter the size of your company, effectively managing human resources (HR) is essential for business success. But as your company and workforce grow, managing and scaling your HR efforts can become more difficult. From recruiting the right candidates to maintaining employee satisfaction, proper HR management can take a lot of time and energy away from running your business. That’s why we’ve compiled a list of strategies to help you adapt your HR efforts to your business growth.  

    Assess Current HR Needs And Future Growth 

    Before you start making changes to your HR processes, it’s crucial to evaluate your current HR tools, needs, and processes. By identifying what is working well and what needs improvement, you can update your processes and make updates that align with your future goals and objectives. For example, if you are experiencing a high turnover rate, it might be time to reassess and update your current recruitment and hiring strategies. This can involve conducting exit interviews, revising interview questions, or updating job descriptions. These reviews can lead to more actionable improvements and potentially reduce your turnover rate.  

    It’s also important to identify what your company’s needs will be in the future. By considering your growth trajectory and estimating the number of employees you’ll need in the coming years, you can better plan for future hiring and recruitment efforts. 

    Invest In HR Technology  

    In today’s business environment, streamlining workflows and managing employees can be challenging without technology. One effective way to enhance your company’s HR efforts is by investing in and implementing HR software. A cloud-based human resources information system (HRIS) allows you to effectively manage processes such as payroll, benefits administration, performance management, and leave management all in one place. Utilizing HR technology significantly improves operational efficiency, reduces the chance of manual error, helps you manage your growing workforce, and saves you time, allowing you to focus on developing more strategic HR initiatives.  

    Another way to adapt your HR initiatives to your growing company is by implementing an employee self-service portal. By providing employees with a self-service portal for tasks like updating their personal information, accessing their pay stubs, and requesting time off, you can empower your employees to take charge of their information while reducing the HR workload. The portal also provides employees with the flexibility to manage their information and complete tasks on their own time.  

    Focus On Data Protection And Compliance  

    As your company grows, the volume of sensitive employee data increases. To prevent data breaches and ensure compliance, it’s essential to invest in security measures. This can include implementing multi-factor authentication, single sign-on, and providing employee cybersecurity training. 

    Additionally, staying updated on the latest labor laws and regulations is critical. As your workforce grows, the risk of noncompliance rises, potentially leading to costly fines and penalties. To avoid these, it’s vital to train your workforce on proper procedures and policies. 

    Provide Training And Support 

    As your company expands, training your workforce becomes increasingly crucial. Training and reskilling your employees not only increases their satisfaction and productivity but also contributes to your company’s long-term success. Employee training programs can enhance morale by making employees feel valued and prioritized. Continuous support throughout their tenure will improve their performance, strengthen your company’s reputation, and simplify HR management for your team. 

    GMS: The HR Solution 

    Whether your company is growing steadily or rapidly, effective HR management is key to long-term success. Regularly monitoring key HR metrics such as employee turnover, time-to-hire, and employee satisfaction helps identify areas for improvement. As a business owner, it’s important to be open to feedback and continuously seek ways to optimize your HR processes and tools to support your company’s growth. Scaling HR tools effectively is essential for small to midsize companies aiming for sustainable growth. However, managing this process alone can be challenging. That’s where Group Management Services (GMS) comes in. 

    GMS is a professional employer organization (PEO) that helps business owners reduce the administrative burden of running a business and effectively manage HR and recruitment efforts. With our HR software, learning management system (LMS), employee performance management services, and the expertise of our HR professionals, we can simplify and strengthen your HR processes, allowing you to focus on growing your business. Contact us today to learn more!