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  • The U.S. Citizenship and Immigration Services (USCIS) received adequate petitions to reach the congressionally mandated 65,000 H-1B visa regular cap. In addition, the USCIS reached the 20,000 H-1B visa U.S. advanced degree exemption, the master’s cap, for the fiscal year (FY) 2023. This is set to begin October 1st, 2022. To account for employers who do not follow through with the petition process or were denied, rejected, or withdrawn, additional petitions are typically selected.

    An H-1B visa is a nonimmigrant classification that applies to individuals who wish to perform services in a specialty occupation, services of exceptional merit, and ability relating to a Department of Defense (DOD) cooperative research and development, or services as a fashion model of distinguished merit or ability.

    The USCIS has completed sending non-selection notifications to registrants’ online accounts. H-1B registrations that were submitted correctly for FY 2023 but were not selected will appear as:

    • Not selected: Not selected – not eligible to file an H-1B cap petition based on this registration

    They will also continue to accept and process petitions exempt from the cap. Current H-1B workers whose cap number hasn’t expired but who were previously counted against the cap are exempt from the FY 2023 H-1B cap. The USCIS will continue to accept, and process petitions filed to:

    • Extend the time a current H-1B worker may remain in the U.S.
    • Change the terms of employment for current H-1B workers
    • Allow current H-1B workers to change employers
    • Allow current H-1B workers to work concurrently in additional H-1B positions

    Employers can register foreign workers who weren’t selected for an H-1B visa when the FY 2024 cap season begins in the spring of 2023.

    GMS Is Here To Help

    GMS helps you stay up to date on all policies. In addition, our experts provide you with general guidance and advice about Visa questions and concerns, ensuring compliance while hiring employees from another country. While the H-1B visa cap for FY 2023 has been reached, let GMS assist with your application for FY 2024. Contact us today.

  • With recent news regarding gun control, there has been additional confusion over when, where, and how weapons can be carried. Laws and regulations related to carrying firearms, specifically concealed guns and where weapons can be carried, continue to change.

    The Second Amendment of the U.S. Constitution states, “a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” As a business owner, you may wonder how this affects your business. To remain compliant with evolving legislation, employers should communicate expectations consistently throughout their organization.

    Safe Work Environment

    Employers must provide a workplace for employees that does not pose a severe risk of harm. A weapons-free workplace policy sets the stage for a safe work environment. There should be training for any possible incidents of workplace violence, including those that involve weapons. For this to happen, employers must assess risks through a workplace audit. This will allow the workplace to be prepared should an incident occur.

    In addition, you must monitor any additional changes to relevant laws and regulations. Understand that laws vary at local and state levels. If you’re a business owner with office locations in multiple states, you must understand each law that could impact the organization.

    Ensure you are consistent when issuing and maintaining policies and procedures throughout the workplace. If you’re an employer who enforces a strict no-weapons policy, it must be implemented fairly throughout the organization. For example, if no employee is allowed to have a weapon in the workplace, this policy should include all employees, even executives such as the CEO.

    How Will You Protect Your Employees?

    Partnering with a PEO such as GMS can provide you with the resources you need to make informed decisions. Our safety experts conduct walkthroughs of your facility to ensure you remain compliant with OSHA rules and regulations. In addition, our HR experts work with you to create employee handbooks. If you already have an employee handbook written, we can help you update it with a no-weapon policy. Contact us today to learn more.

  • While there have been multiple signs that the labor market is weakening, the number of Americans who filed for unemployment benefits has increased again. Over 260,000 workers filed for new unemployment benefits throughout the last week of July.

    In earlier months this year, the labor market had been one of the few bright spots in the economy. The unemployment rate remained steady at 3.6% for the fourth consecutive month, reaching a historic low. However, with unemployment claims rising to the highest level since November 2021, businesses such as Apple, Walmart, and Microsoft, are announcing hiring freezes and/or layoffs.

    The U.S. government announced that businesses had posted fewer positions amid concerns that the economy was weakening. In fact, for every unemployed individual, there are currently almost two job vacancies.

    Unemployment Claims Management

    The unemployment claims process can be cumbersome between changing compliance regulations and increasing costs for small business owners. Your company’s bottom line can be severely affected by rising unemployment insurance rates due to an increase in unemployment claims. When you partner with GMS, you no longer need to spend time trying to protect your business from unemployment claims and taxes. Contact us today.

  • In late July, the World Health Organization (WHO) declared monkeypox a “public health emergency of international concern.” While employers are still dealing with the effects of COVID-19 within the workplace, the global spread of monkeypox, the rise of related health advisories, and the extensive media coverage about the virus leave employers concerned.

    Understanding Monkeypox

    The Centers for Disease Control (CDC) and Prevention define monkeypox as:

    “Monkeypox is a rare disease caused by infection with the monkeypox virus. The monkeypox virus is part of the same family of viruses as variola virus, which causes smallpox. Monkeypox symptoms are similar to smallpox but milder, and monkeypox is rarely fatal.”

    While experts are still assessing how this disease is transmitted, it is currently understood to be transmitted and spreads from person to person through:

    • Direct contact with the infectious rash, scabs, or bodily fluids
    • Respiratory secretions during prolonged, face-to-face contact
    • Touching items that previously touched the infectious rash or bodily fluids
    • Pregnant women can spread the virus to their fetus through the placenta

    Steps Employers Should Take

    While the health risk of monkeypox to the general public, including employees in non-healthcare settings, remains low, it’s still critical to evaluate current policies. A good starting point for a business owner is to reinforce specific health and safety protocols adopted during the COVID-19 pandemic. In addition, it’s vital to consider how you can limit the spread of monkeypox throughout the office. The following are precautions you should take, including:

    • Wash hands often with soap and water
    • Have sanitation stations located throughout the office
    • Routinely clean all frequently touched surfaces in the workplace
    • Avoid close, skin-to-skin contact with people who have a rash
    • Avoid close contact with people who are sick
    • Stay home when you feel sick

    GMS Is Here To Protect You

    While GMS can’t stop the spread of monkeypox, our HR experts can help you establish health guidelines and update handbooks to ensure your policies protect you as an employer. We help clients write safety manuals to ensure the safety of their employees. There’s no need to stress about the what-ifs and the endless number of questions you may have. Partner with GMS so we can help you take a proactive approach to ensure the safety and well-being of your employees. Contact us today.

  • Since U.S. businesses are still having a difficult time filling open positions with quality talent, employers anticipate pay to go up in 2023. According to the Bureau of Labor Statistics (BLS), there were more than 11 million job openings at the end of May 2022. In addition, approximately four million workers quit each month. The question employers keep asking themselves is, why are so many employees leaving their jobs?

    Americans are quitting their jobs for multiple reasons, including:

    • Seeking higher pay
    • Remote work is appealing to individuals
    • Rejecting return to office policies
    • Burnt out

    The Response From Employers

    With a labor market that has more open jobs than individuals to fill them, businesses have been forced to stay current with what’s happening in the employee marketplace and how that affects pay. 96% of companies have begun increasing salary budgets. A study by WTW showed that the average salary increase hit 4.9% in 2022 compared to a four percent increase back in 2021. However, it is more important than ever for businesses to have a strategic plan while increasing salaries.

    Additional insights from the WTW survey show:

    • 46% of employers cited employees have higher expectations for wage increases because of inflation
    • Two in three employers are budgeting for higher pay raises this year
    • 90% of employers are having trouble attracting talent
    • 75% of employers said the tight labor market is the main reason for increasing their salary budgets

    Will These Efforts Be Enough?

    The question remains whether pay increases will be enough for workers as they continue to battle rising prices. Despite a 4.1% salary budget increase, businesses will still fall behind inflation with these pay raises. In turn, workers’ take-home pay is weakened, reducing their buying power. Even though workers continue to hold the upper hand in the job market, many still fear a recession is imminent, and they question the economy’s state.

    GMS Can Take Pressure Off Your Shoulders

    Although there is no way to predict the future and your employees’ response, GMS can certainly relieve you of some of the pressure you may be feeling. Our team of experts works diligently with your team to attract and retain quality employees. Our HR experts can help business owners conduct a salary analysis to determine the correct salary to offer employees based on the market conditions. No need to worry during these unprecedented times; allow GMS to take on the administrative burdens of running your business. Contact us today.

  • Legal issues must be considered when determining a hybrid work model. A hybrid work model combines working in the office with working remotely. A survey discovered that 68% of U.S. employees prefer a permanent hybrid work model after the pandemic ends. While a hybrid work environment may be a good solution for some, it also probes a handful of challenges.

    Legal Challenges For Hybrid Work Environments

    If you’re a business owner and you’ve considered transitioning into a hybrid work environment, you might want to consider the potential legal issues that come with the change. Hybrid work impacts tax compliance, reimbursement of working expenses, and the prohibition of discrimination. Regarding tax and legal compliance, your employees’ work and home locations must be up-to-date and consistent across all platforms.

    In addition, corporate tax rates and unemployment tax rates vary by state. Working in a state where a person does not live may result in income tax withholding in both states.

    Exempt or non-exempt

    Another challenge you may face when deciding on a hybrid work schedule is dealing with exempt and non-exempt workers. Should you have a non-exempt employee working a hybrid schedule, it will most likely be more challenging for the employer to comply with federal and state wage and hour laws. Employers must adhere to overtime pay, meal breaks, mandatory rest, and more.

    Discrimination

    In addition, as an employer, discriminating against people from legally protected groups is unacceptable. You cannot allow or deny hybrid work for individuals based on gender, age, race, religion, and others. To ensure you are complying, have a written policy outlining the criteria that determine whether to allow or deny a hybrid work schedule request.

    How GMS Benefits Your Business

    Since many businesses have begun implementing a hybrid work schedule, it’s vital for the growth of your business to do what’s best for your employees. A study showed that 63% of employers currently offer hybrid work opportunities. Knowing that, it may be in your best interest to provide a hybrid work schedule to your employees to retain and attract quality talent. Want to learn more? Contact us today.

  • The U.S. Small Business Association (SBA) declared that six states would become eligible for the Economic Injury Disaster Loan (EIDL). The loan is available to those who reside in South Dakota, Texas, Nevada, Nebraska, Kansas, and Idaho. The loan becomes available after the Secretary of Agriculture declares a disaster. The Secretary of these states announced the drought on June 13th, 2022.

    Which Disasters Qualify

    Through the EIDL, the SBA provides low-interest, long-term loans to support:

    • Businesses
    • Non-profit organizations
    • Renters
    • Homeowners

    The idea is designed to help businesses located in an area that has experienced the following disasters:

    • Drought
    • Flooding
    • Wildfires
    • Hurricanes

    How To Apply

    There are three steps to easily apply for EIDL loans:

    • Check disaster declarations
    • Apply for the disaster loan
    • Check your status for monetary rewards

    Businesses can easily apply online and receive further information. The deadline to apply for an economic disaster loan is February 13th, 2023.

    Processing Loan Application

    Due to an overwhelming number of applications, the SBA has halted processing. Senators decided to step in since SBA has not progressed in processing applications. The loans serve as an essential source of capital for businesses within the area. This has become even more problematic as business owners are unable to get credit from other lenders.

    The original May 6th deadline for the initial requests was announced at the end of April. As applicants have not received the final say, senators have found it unacceptable. As the SBA has received criticism, the borrowers are still in need.

    GMS’ Support

    In the aftermath of a disaster, rebuilding a business can be challenging. That’s when you need a reliable partner like GMS to help guide your business in the right direction. When it comes to changing legislation, GMS will always ensure your business remains compliant and that you are aware of available grants that would benefit your business. Contact GMS today!

  • U.S. Citizenship and Immigration Services (USCIS) announced that employers have until July 31st, 2022, to update employees’ Form I-9, if needed. Previously, the Department of Homeland Security (DHS) adopted a temporary policy in response to challenges individuals experienced with renewing documents during the COVID-19 pandemic.

    If an employee presented an expired List B document between May 1st, 2021, and April 30th, 2022, employers are now required to update their Forms I-9. The following are considered List B documents that must be updated:

    • Driver’s license or ID card
    • School ID with a photograph
    • Voter’s registration card
    • U.S. military card or draft record
    • Military dependent’s ID card
    • And more

    Employees still employed must provide their employer with an unexpired document establishing their identity. No action is required if:

    • The employee is no longer employed
    • The List B document was automatically extended by the issuing authority, so it was considered not expired when presented.

    Onboarding With GMS

    You don’t have to worry about new rules and regulations when partnering with GMS. Our experts keep you up to speed on the latest legislative changes. We take your new hires through the onboarding process. Your new employees can easily submit any required forms and sign documents through our online portal, GMS Connect. Contact us today to learn more about how GMS can save you time and money.

  • According to the U.S. Equal Employment Opportunity Commission, employers are now able to dive into an employee’s symptoms, should they call in sick. Employers may ask all employees who physically remain in the office if they have COVID-19 or symptoms associated with COVID-19.

    In addition, employers are allowed to measure employees’ body temperature. However, should an employee have a fever, it is required that the employer keep that information confidential under the Americans with Disabilities Act (ADA).

    Additional advice from the EEOC includes:

    • The ADA can’t interfere with employers following the recommendations of the Centers for Disease Control (CDC) and Prevention of Public Health authorities.
    • An employer may send an employee home if they have COVID-19 or symptoms.
    • Employers may follow the CDC, state, and local public health authorities’ advice regarding the information needed to permit an employee’s return to the workplace after visiting a specified location, whether for business or personal reasons.
    • Employers and employees “are encouraged to use interim solutions to enable employees to keep working as much as possible.”
    • Although some individuals with COVID-19 do not have fevers, employers may conduct medical exams after making a conditional employment offer.
    • Employers may delay the start date of a new hire with COVID-19 or show symptoms of the disease.
    • Employers can withdraw a job offer when the applicant needs to start immediately, but the individual has COVID-19 or symptoms.

    Partner With GMS!

    The last thing you want is an employee to come to work with COVID-19 or symptoms. By following the new guidelines enforced by the EEOC, you are taking proactive steps to ensure the safety of your employees. When partnering with GMS, you are provided access to many benefits and resources to assist with these efforts. As part of our premier employee benefits administration services, we provide clients with access to Telehealth. Telemedicine can save you and your employees time and money by having access to a licensed physician virtually. Should your employees feel sick, they can call or video chat with a physician and investigate the root of the problem, ultimately limiting the exposure to COVID-19. Learn more.

  • Since the beginning of COVID-19, the job market has continued to experience rapid loss – so much so that it has coined the term The Great Resignation. However, last month the unemployment gap began to show signs of improvement. According to the Bureau of Labor Statistics, U.S. employers added 372,000 new jobs over the past month. This surpassed the forecasts of economists; the U.S. was vastly heading into a recession due to a lack of employment offerings.

    Where Is The Growth

    When looking at the rapid job growth in June, the specific industries listed below lead the increase:

    • Professional and business services
    • Leisure and hospitality
    • Health care

    When it comes to overall unemployment, the gap has now reached 524,000 jobs. While these industries maintain strong job growth, labor force participation did not see a major rise. The number of people in the labor force fell by 353,000.

    Overall Unemployment

    The private sector has recovered and exceeded the employment opportunities, gaining over 140,000 jobs compared to pre-pandemic. However, the overall unemployment rate has still remained at 3.6%, correlating to about two jobs for each unemployed worker. The labor market will continue to remain on the rise as the economy remains low.

    Candidates Power Continued

    According to SHRM, the average hourly wage increased by 10 cents in June, although it remains a tight labor market. Candidates continue to hold the power over their workplace and organization. Through this, employers have implemented a variety of benefits to attract and retain top talent. With new positions on the rise, it is more vital employers implement the benefits their employees desire.

    Why GMS

    Partnering with GMS allows you to ease the administrative functions of your business. Through the ups and downs of the economy, it’s important to continue ongoing efforts to attract and retain top talent. Through times of rapid change and uncertainty, you can rely on GMS. Contact us today!