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  • The House and Senate passed the American Rescue Plan Act of 2021 in effort to temporarily expand eligibility to pay for health insurance through 2022. As a result of this act, Production Tax Credits (PTCs) were formed. According to Insurance NewsNet, “For Florida, the number of uninsured residents would grow by 24.8% according to the estimates in the study. It would also mean a five million dollar drop in total spending on health care for non-elderly residents in the Sunshine State.”

    Before the ARPA (American Rescue Plan Act of 2022), Congress implemented the Affordable Care Act of 2010 that initially started to allow PTCs to be available to states across the U.S. Florida residents make up 513,000 of the three million Americans at risk of losing healthcare coverage since speculation began that the Affordable Care Act wouldn’t be extended.

    Why Florida Residents Are Affected

    Florida falls into the category of a non-expansion state. A non-expansion state does not have to expand access to Medicaid or Medicare eligibility by the federal government. Other non-expansion states include Texas, Georgia, and North Carolina. If the extension doesn’t pass, residents in these states, specifically Florida residents below the federal poverty line (FPL), are more at risk of losing their healthcare coverage.

    According to FamiliesUSA, a healthcare advocacy organization, Florida resident premiums could go up 61% if the PTCs expire or health provisions are not extended. At this rate, health insurance rates would increase to $1.6 billion in 2023. 

    Partnership Benefits With A PEO

    As a business owner, we understand you want to offer your employees the best healthcare plan. By partnering with a PEO, we can offer a benefits plan sponsor that includes benefit coverages, a flexible spending account, a comprehensive 401(k) plan, and more. You will have access to a team of experts who will answer any questions you may have. Contact us today.

  • As a small business owner, it’s important to try to prepare for anything—even Mother Nature. In Florida, that means doing what you can to make sure your business and your employees are as ready as possible for hurricanes, named storms, and other events that can cause serious problems.

    Hurricane season is a stressful time that requires plenty of preparation and employee management to help weather any issues. Here are some tips that you can use to help you and your employees navigate any potential problems before, during, and after a storm.

    A hurricane approaching Florida, causing small business owners to prepare for the storm.

    Train Your Employees Ahead of Time

    Good employees play a major role in the success of your business, but sometimes they don’t always look out for themselves. The best time to prepare for a natural disaster is long before one arrives, so it’s smart to include hurricane education as part of a regular training program, especially if you have a lot of transient workers who never experienced a storm before.

    People move to Florida all the time. According to the U.S. Census Bureau, nearly 330,000 moved to the Sunshine State from 2016 to 2017, which is an average of nearly 900 people per day. That means a lot of workers in the state have never been through a bad storm before. A hurricane education session can help them know what they should always have available, including:

    • Battery operated TV and fans
    • Generator
    • Second refrigerator just to store water (will keep somewhat cool even after power is out)
    • Nonperishable canned goods

    While basic hurricane preparation education and supplies are good, you can go the next step and see if an expert would be willing to help. Local meteorologists are a great resource for hurricane training, whether they give you some helpful advice or are willing to visit your business to talk to your employees. It never hurts to ask.

    The frequency of the training depends on the makeup of your business. If you have a small workforce and little turnover, training can be more infrequent. If you’re in a high turnover business or have a larger staff, yearly training sessions can be a good idea. It’s also important to stress to your employees that they may want to consider leaving the area depending on the storm. Sometimes the best plan of action is to be nowhere near the hurricane when it hits.

    Close the Office When Necessary

    In general, the decision to close the office due to an incoming storm is up to you. OSHA does stipulate in its general duty clause, that all places of employment are “free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.” Essentially, if the storm makes your workplace a dangerous location, it’s time to shut down and evacuate.

    Another reason to play it safe and close your business if the weather is questionable is to avoid any potential liability issues. While the commute to and from your office is outside of your workplace, there is a grey area in terms of whether you’re on the hook if the impending or active storm causes an employee to get hurt or have an accident. A court may rule in your favor, but you may not want to take that risk when you can simply play it safe and close your office.

    Handle Wages with Care

    If you decide to close your business, your employees may still expect to be paid. According to the Society for Human Resource Management (SHRM), what they’re owed and if you need to pay them at all can depend on the type of employee:

    • Nonexempt employees are only owed for the hours they’ve worked according to the Fair Labor Standards Act (FLSA). This means that you do not owe them any money when you close your business.
    • Exempt employees are owed their full salary if the weather forces the office to close for less than a full workweek. However, you may require these employees to take paid time off (PTO) during these days.

    While the FLSA outlines your minimum requirements, that doesn’t mean that you should follow these guidelines. Forcing an employee to take PTO sends a message that you see the hurricane as their vacation, which will rub even the most loyal workers the wrong way. In addition, being left without a paycheck for something out of their control can create some discontent, even if the business isn’t able to generate any money during the closure either.

    One solution to this is to go above and beyond if possible. If you know what an employee typically makes during a week, find a compromise, whether it’s paying them in full or even offering a portion of their normal earnings. This can show them that you’re still trying to help during a difficult period. If you can’t make that kind of financial commitment or you need to make serious repairs to the business after the storm, explain the situation so that your employees understand instead of feeling blindsided by a lack of pay.

    Be Open and Accommodating About Leaves of Absence

    Even if you decide to keep your business open, there may be employees who want to stay home with their families. In this case, the Department of Labor allows you to consider such leave as an absence for personal reasons. As with wages, however, this can send a bad message to a good employee. Instead, it can be best to be flexible for employees who want to be at home to prepare for a storm, especially if they plan to head out of state.

    You can also offer some alternatives. For example, you can allow employees to work from home if possible. This will allow them to cut down on travel during a storm without sacrificing valuable work hours, at least until the power goes out.

    Employees may also be absent from work after a storm to attend to post-disaster needs, such as meeting with insurance adjusters. SHRM also notes that “employees affected by a natural disaster are entitled to leave under the FMLA [Family and Medical Leave Act] for a serious health condition caused by the disaster,” such as the need to care for a family member.

    If you want a more set structure in terms of how many days employees are allowed off for storms, you can include writing in your handbook or leave policies that sets out a specific process. The problem with this is that no hurricane is the same. One storm could last two days, while another could last 10. A set policy may pigeonhole you into an exact number of days if you’re not careful.

    Protect Important Documents

    Both you and your employees have important documents that must always stay safe. Unfortunately, hurricanes don’t cooperate. In Florida, it’s good to invest in document storage that can protect both business and personal documents from the elements, like a fireproof and waterproof safe.

    While a great start, a safe can’t protect your documents from a worst-case scenario. If a storm is projected to be bad enough to make you leave the area, make sure to take your documents with you so that the storm doesn’t take them away for good. Digitizing documents in a securely-stored online portal can also make sure that these files are safe from storms and accessible anyplace with an internet connection.

    Always Communicate

    Good communication is a key part of hurricane preparation. It’s important to keep in contact with your employees long before a storm hits, during the storm, and after it’s gone.

    While some employees will know the risks and protect themselves, others may not understand the danger of these storms or will be afraid to stay home out of fear of losing their job. Monitor the situation and make employees feel comfortable with their decision to stay or go if the coming storm looks dangerous. There are times where storms pass over and you don’t need to close, but it’s always good to err on the side of caution instead of being wrong about the weather.

    If you have any other questions about protecting your business before, during, and after a storm, it’s best to communicate with a trusted HR partner. GMS is a Professional Employer Organization that serves companies of all sizes across the nation. The experts in our Fort Myers, Florida branch can work with you to help you protect your business and manage key HR functions that complicate your day and bog down your schedule.

    Contact GMS today to talk to one of our experts in our Florida office about how we can help your business prepare for the future.

  • Back in 2018, Florida voted to ban vaping in enclosed workplaces. The new law went into effect in July of 2019, but Florida isn’t alone in its ban on vaping in the workplace. Several other states, including California, New Jersey, and New York, all prohibit the practice in any place where smoking is not permitted, while other states have bans for specific settings, such as in enclosed workspaces or schools.

    As more states take action to prevent vaping in workplaces, it’s a good time for business owners both in Florida and outside the state to figure out what they need to do to prepare their company from past and future legislation.

    An employee vaping in the office before Florida’s ban on vaping in the workplace.

    What Does Florida’s Workplace Vape Ban Mean for Business Owners?

    There are a couple of different takeaways for Florida’s ban on vaping in the workplace. The first perspective is what it immediately means for business owners in The Sunshine State. In short, the state now prohibits both vaping and smoking in “enclosed indoor workplaces.” This term is a technical way of saying the ban exists for any workspace that is predominantly closed in by walls or other physical barriers, regardless of whether they have windows or any other uncovered openings. Private residences used for work are exempt from the ban, except in limited exceptions where the residence acts as one of the following:

    • A childcare, adult care, or health care provider
    • A retail tobacco or vape shop
    • A bar that does not serve food

    The other perspective involves businesses outside of Florida that either have some form of workplace vape ban in place or operate in a location without any such legislation. For the former group, it’s important to look up the details of your state’s laws. For the latter, Florida’s ban is yet another example of a state cracking down on vaping. In fact, you may want to be proactive about establishing vaping policies in your workplace.

    What Should Business Owners Do About Vaping?

    For businesses in Florida and other states with vape bans, the answer is simple: Set clear guidelines regarding smoking and vaping prohibitions. This policy should clearly state that employees are prohibited from smoking or vaping in enclosed workspaces per your local laws. In addition, the Society of Human Resource Management (SHRM) suggests taking the following steps:

    • List the procedures for when the proprietor or other person in charge witnesses or is made aware of a violation
    • Post signs to indicate that smoking or vaping, or both, are prohibited

    As for business owners in locations without any vaping-related regulations, they need to decide if they want to treat vaping the same way as traditional smoking. While allowing employees to vape in the workplace will help limit time lost from smoke breaks and keep those who vape pleased, this decision can come at the cost of another employee’s happiness. It also doesn’t help that the Centers for Disease Control deems e-cigarettes as potentially unsafe.

    Ultimately, the decision to have a vaping policy is up to the business owner if there’s no existing legislation that dictates otherwise. If a decision is made to prohibit vaping in the workplace, SHRM suggests doing the following:

    • Evaluate existing smoking policies and clarify what smoking products are covered what areas of the worksite are non-smoking spaces
    • Make it clear whether employees can bring e-cigarettes into certain areas when not in use or if they’re completely banned from the property
    • Update the company’s clean-air policy to reference e-cigarettes and other vaping products (if a clean-air policy exists)
    • Inform employees of any workplace policy changes before they take effect (60 to 90 days’ notice is good except in the case where the state stipulates rollout times)

    Keep Your Business Prepared for the Future

    No matter where your business is located, it’s important to keep up to date on key legislation that can make your current workplace policies go up in smoke. As a Professional Employer Organization, GMS has the experts on hand to make sure your business stays compliant with new laws while also saving you time and stress by managing key functions like payroll, benefits administration, and other important services.

    Ready to make managing your business a lot simpler? Contact our Florida office or one of our other locations today to talk to one of our experts about how we can help your business prepare for the future.