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  • In a significant stride towards ensuring worker rights and job security, New Jersey Governor Philip Murphy signed Assembly Bill 4682 into law. This groundbreaking legislation, set to take effect on October 22nd, introduces a host of employment protections aimed at safeguarding the interests of specific “service employees” during ownership changes. This legislation is poised to bring about transformative changes in the landscape of employment rights within the state.

    Defining Service Employees

    Under the provisions of this new law, a “service employee” is clearly defined as an individual employed or assigned to a covered location for at least 60 days. It excludes managerial or professional employees and those regularly scheduled for less than 16 hours per week. The scope of the law covers various occupations, including:

    1. Care and maintenance of buildings or properties
    2. Passenger-related security services at airports
    3. Food preparation services at educational institutions 

    It also excludes individuals involved in construction projects requiring municipal permits. 

    Covered Locations

    The law applies to specific covered locations, whether publicly or privately owned. These include the following: 

    • Multifamily residential buildings with more than 50 units
    • Large commercial centers or office complexes
    • Schools and institutions
    • Cultural centers
    • Industrial sites
    • Airports
    • Hospitals
    • State courts
    • Distribution centers

    Key Provisions 

    This new law introduces several crucial changes to employment practices:

    1. Transition period: It reduces the transition period from 90 to 60 days, during which a successor employer must retain affected service employees at a covered location. 
    2. Just cause requirement: A successor employer cannot discharge a retained service employee without just cause during the 60-day transition period. 
    3. Notification: Covered entities must provide written notice to service employees, collective bargaining representatives, and affected work sites 15 days before terminating a service contract or selling/transferring property. 
    4. Successor employer obligations: Successor employers must make a written offer of employment to affected service employees, retain them for 60 days or until the service contract is terminated (whichever is earlier), and adhere to seniority-based retention and preferential hiring. 
    5. Collective bargaining agreement exception: If a successor employer agrees to the collective bargaining agreement of the awarding authority or contractor before the service contract termination, this law does not apply. 

    Enforcement And Penalties 

    Employers should take note of the significant penalties associated with non-compliance. Violations may result in fines of up to $2,500 for the first offense and up to $5,000 for subsequent violations. Each week of violation is considered a separate offense.

    Compliance And Employment Law Expertise

    For small businesses navigating the complex landscape of New Jersey’s evolving labor laws, the role of a professional employer organization (PEO) becomes increasingly vital. As the state ushers in these progressive employment protections, PEOs offer a lifeline to businesses by providing expert guidance and support in ensuring compliance. By partnering with a PEO, small businesses can leverage the collective expertise and resources to seamlessly manage the intricacies of employment law, including the newly established protections for service employees. With a PEO like GMS by your side, businesses can confidently navigate these changes while focusing on what they do best – driving growth and success in New Jersey’s dynamic business environment. Contact us today to learn more!

  • In an era of relentless job market transformations, the U.S. Equal Employment Opportunity Commission (EEOC) is expanding a roadmap for 2024-2028. Their recently unveiled Strategic Enforcement Plan (SEP) emphasizes their commitment to safeguarding the rights of American workers, particularly in the face of new challenges brought about by artificial intelligence (AI), pregnancy-related issues, and the long-lasting effects of COVID-19.

    A Fresh Perspective On Discrimination

    The updated SEP is not just business as usual; it represents a forward-thinking approach to addressing employment discrimination. The following is what you need to know about the EEOC’s strategic priorities:

    1. Tackling discrimination head-on: The EEOC will focus on discrimination, bias, and hate directed against religious minorities, racial or ethnic groups, and LGBTQ+ individuals. This commitment underscores the agency’s dedication to ensuring equal opportunities for all.
    2. Expanding the safety net: The agency aims to expand the vulnerable and underserved worker priority to encompass more categories of workers who may be unaware of their rights or historically underserved by federal employment discrimination protections. This shift promises to extend protection to those who need it most.
    3. Adapting to new challenges: The SEP recognizes the need to address emerging issues, including pregnancy, childbirth, and related medical conditions, the long-term effects of COVID-19 symptoms, and technology-related employment discrimination. As technology plays a pivotal role in hiring processes, the EEOC is poised to safeguard workers from AI-driven biases.
    4. Advancing workplace diversity: The underrepresentation of women and workers of color in specific industries remains a concern. The EEOC plans to spotlight these disparities in sectors such as construction, manufacturing, finance, and technology.
    5. Technology and the workplace: Acknowledging the increasing use of technology, especially AI and machine learning, in recruitment and hiring, the EEOC will ensure that these tools do not perpetuate discrimination but promote fairness and inclusivity.
    6. Protecting legal rights: The EEOC is committed to preserving access to the legal system. This includes addressing overly broad waivers, releases, nondisclosure agreements, or non-disparagement agreements that might restrict workers’ ability to seek remedies for civil rights violations.

    A Collaborative Approach

    The SEP isn’t just about enforcing compliance; it’s about fostering a collaborative environment. It encourages employers to proactively identify and remove barriers to equal employment opportunity. This means cultivating diverse talent pools, dismantling obstacles to progress, and creating inclusive workspaces.

    Informed By The People

    The EEOC didn’t arrive at these strategic priorities alone. They hosted three listening sessions, engaging with nearly three dozen representatives from various backgrounds, including civil rights and workers’ rights organizations, employers, HR professionals, and legal experts. This inclusive approach ensures that the SEP reflects the concerns and experiences of those directly affected by workplace discrimination.

    A Two-Pronged Approach

    The SEP works hand in hand with the EEOC’s overarching strategic plan. Together, they create a comprehensive framework for advancing the agency’s mission. This includes increasing accessibility to the public, enhancing training and resources for investigations, and focusing on key areas such as sexual harassment, pay discrimination, and the impact of AI in the workplace.

    EEOCs And PEOs

    As we navigate the complex terrain of evolving workplaces, it’s essential to recognize the pivotal role that a professional employer organization (PEO) can play in this transformative landscape. PEOs like GMS offer a strategic partnership, providing businesses with the expertise needed to navigate compliance, HR challenges, and the nuances of an ever-changing employment landscape. By leveraging the power of GMS alongside the EEOC’s vigilant efforts, we can pave the way for workplaces that are not only compliant with the law but also truly inclusive, diverse, and equitable. Together, we can march forward, ready to face the challenges of AI, pregnancy-related issues, and the long-term effects of COVID-19 with unwavering determination, knowing that the EEOC and PEOs stand as guardians of workplace equality and justice. Contact us today to learn more.

  • In the realm of California’s employment regulations, evolution is the name of the game. As of October 1st, 2023, California employers are gearing up for a significant shift in their background check and criminal history review process, thanks to the updated Fair Chance Act (FCA) regulations. If you’re an employer in California, it’s time to prepare for these new compliance obligations that could reshape how you approach hiring and make a fairer job market for everyone.

    A Glimpse Into The Fair Chance Act

    To fully grasp the significance of these changes, let’s take a step back. The California Fair Chance Act originally took effect in 2018, aiming to level the playing field for job applicants with a criminal history. It laid down the law that employers couldn’t inquire about an applicant’s criminal history until after extending a conditional offer of employment. If an employer contemplated denying an applicant based on their criminal record, they were required to conduct an individualized assessment.

    This assessment considered several key factors:

    1. The nature and gravity of the offense of conduct: How severe was the offense or conduct in question? 
    2. Time passed since the offense: Consideration of how much time had elapsed since the offense or the completion of the sentence.
    3. Nature of the job: The specifics of the job itself – was it related to the applicant’s past offense? 

    The Winds Of Change – Effective October 1st, 2023

    However, the winds of change are blowing, and the FCA is evolving. As of October 1st, 2023, employers must adapt to several important amendments to the FCA.

    Expanding the scope: The term “applicant” no longer solely applies to those actively seeking a job within a company. It now encompasses employees undergoing background checks during significant changes such as ownership, management transitions, or shifts in policy.

    Broadening the definition: The term “employer” now encompasses not only direct employers but also those acting as agents or evaluating criminal histories on behalf of an employer. This includes staffing agencies and entities tapping into worker availability lists.

    Advertisement restrictions: Employers are now forbidden from stating in job ads, postings, or applications that individuals with criminal histories won’t be considered for hire.

    Voluntary disclosure: Even if an applicant voluntarily offers information about their criminal history before receiving a conditional offer, the new regulations emphasize that employers still cannot consider such information.

    A Deeper Dive Into The Assessment Factors

    The updated regulations provide a more extensive list of sub-factors that employers must consider as part of the individualized assessment. These factors include:

    • Degree of harm caused
    • Context of the offense
    • Impact of disability or trauma
    • Age of the applicant at the time of the offense

    Requesting information

    Recognizing that most of this information isn’t readily available, employers can request it from individuals with criminal histories. However, it’s crucial to note that you cannot require this information; it’s entirely voluntary.

    The waiting period

    After sending a pre-adverse action letter, employers must wait at least five business days before making a final decision. Be aware of varying timeframes based on the method of delivery.

    Rehabilitation and mitigating circumstances

    Under the FCA, employers must consider evidence of rehabilitation and mitigating circumstances. The new regulations outline a broad list of examples employers should consider, underscoring the importance of second chances.

    Preparing For Change

    As the clock ticks toward October 1st, California employers must prepare for these shifts in the FCA. Begin by revising your background check policies for compliance and ensuring all individuals involved in the applicant screening and background check process are educated about these changes.

    These changes aren’t just about legal compliance; they represent a significant step towards a more inclusive and equitable job market. Embracing these shifts ensures you’re on the right side of the law and fosters a culture of fairness and opportunity in your workplace.

    An Alternative Solution

    In the evolving landscape of California’s employment regulations, adapting to the FCA updates is necessary for every conscientious employer. While the law sets forth essential guidelines for fair hiring practices, it also presents challenges in terms of compliance.

    An alternative solution that businesses can consider, especially when dealing with the intricacies of background checks and criminal history assessments, is partnering with a professional employer organization (PEO). PEOs like GMS specialize in HR and employment-related matters, providing comprehensive support that includes navigating complex regulations, managing compliance, and streamlining the hiring process. Partnering with GMS allows business owners to ensure they meet the requirements of the FCA while focusing on their core operations, ultimately fostering a more inclusive and equitable workplace. Contact us today!

  • As year-end approaches, it’s vital to start thinking about how you will tackle 2024. With your employees being your biggest asset, supporting their success should always be a priority. Investing in your team starts with your employee onboarding process.

    Implementing an onboarding program can be challenging, especially if you’re building one from scratch. However, it’s well worth the time and energy, as 69% of employees are more likely to stay with a company for at least three years if they have a positive onboarding experience. Hiring is a lengthy and costly process that places a strain on your existing team, which may be stretched thin due to staff shortages. This strain puts pressure on your hiring team to fill the role(s), which can lead to a rushed hiring process and potential bad hires, costing your business in the long run.

    Taking the time to build a thorough and effective onboarding process can help with your attrition rates, boost morale, and increase engagement rates. Constructing a roadmap for at least the first three months can help your employees get acclimated to the company culture and their job responsibilities to set them up for success.

    The Importance Of 30-60-90-Day Reviews

    A 30-60-90 day plan is a set of objectives for new employees to achieve in their first 30, 60, and 90 days on the job. It entails the high-level priorities, actionable goals, and metrics you’ll use to measure success in those first three months. This plan aims to make the transition into the new role easier and gives your employees a sense of direction in a confusing and stressful time. In addition, it allows managers to set expectations and monitor progress during the first few months. In summary, the benefits of a 30-60-90 plan include:

    • Help optimize productivity
    • Set clear expectations 
    • Assist with goal-setting
    • Alleviate the new job nerves
    • Empower employees to self-manage their work
    • Serve as a reminder of priorities

    GMS’ Director of Human Resources Lisa Dassani shares, “30-60-90-day reviews allow employees to reflect on their first 90 days and give them a chance to ask questions about their position. Managers may use this time to clarify expectations and learn about the training needs of each employee. These check-ins help to set the employee up for future success at your company.”

    How To Structure Performance Reviews

    Each performance review should have clearly defined objectives communicated to your staff in advance. During the review process, fostering collaboration rather than a one-sided conversation is essential. To achieve this, you and your team should prepare a short list of questions to facilitate a constructive dialogue.

    Furthermore, your company should place a strong emphasis on reflection and future goal setting during these reviews. You should understand that employees may feel anxious about each review, as it often serves as their probationary period. Assure them that expecting them to operate at 100% capacity from day one is unrealistic. Instead, focus on providing constructive feedback regarding areas for improvement while emphasizing that the first three months are primarily about learning the role and becoming acclimated to the organizational culture.

    How To Create A 30-60-90 Plan

    If you currently conduct 30-60-90-day plans for your employees, great! By following the steps below, you can ensure that you’ve taken every possible measure to provide an efficient onboarding process. However, if your business has not yet implemented a 30-60-90 plan, use the following tips to guide you in creating your plan:

    1. Clarify short and long-term priorities

    The first step determines the expectations of your new hire. What do they have to accomplish in each phase? What will you do as their manager to help them succeed? Completing this step as early as possible is essential to set your team up for success.

    2. Set an objective for each phase

    There are three stages: the first 30 days, days 31 to 60, and days 61 to 90. The first 30 days are all about learning — which is typically very intensive and hands-on. This is the phase where you introduce the new hires to tools and projects and set small goals for them to achieve.

    The second phase focuses more on role-specific duties and eases off training. This is when your employees take on more responsibilities and implement what they learned in the first phase.

    The final stage is when employees gain more independence in their roles. As their manager, you hold them accountable for their work and encourage them to accomplish projects with limited guidance from you. Employees should be able to take what they’ve learned in the first two phases and apply it to their work.

    3. Fill in the details

    Once the main objectives are in place, and your new hire understands what they need to do within their first 90 days, determine how they will achieve these objectives. Work with your staff to create SMART goals. At each review, assess their progress and help make adjustments as needed. Offer guidance and connect them with more experienced peers to assist in their growth.

    You want your employees to succeed from the start because it not only makes you look like a suitable leader but also helps your business succeed. Creating a thorough onboarding process that includes a 30-60-90-day review allows your employees to understand their progress and integration. It also allows you to ensure each new team member is a positive addition to your staff. This structured approach not only facilitates smoother transitions for new hires but also enhances the likelihood of retaining and nurturing excellent talent, which is pivotal for your company’s growth and success.

    Get Started Today!

    As HR professionals at GMS, we understand how challenging it is to create an efficient onboarding process that benefits you and your new hires. Performance management allows you to set clear goals and expectations for each employee and provide feedback about their performance related to those goals. Furthermore, it plays a pivotal role in shaping decisions related to identifying training requirements for your team, recognizing team members deserving of promotions, and addressing any necessary personnel actions, including terminations when warranted.

    Performance management is also valuable to your employees as it can offer opportunities for them to grow within your organization and advance their careers. GMS’ performance review system provides:

    • Consistent feedback 
    • Employee development
    • Goal setting
    • Tracking and documentation 
    • Reporting
    • Customizable email templates and calendar invitations 
    • Training, implementation, and more

    Contact us today to get started!

  • To safeguard businesses from potential scams, the Internal Revenue Service (IRS) has just announced a groundbreaking decision. Effective immediately, the IRS has pressed pause on processing new claims for the coveted employee retention credit (ERC) until at least December 31st, 2023. While previously filed ERC claims will be honored, brace yourselves for slightly extended processing times to protect your hard-earned dollars from the clutches of scammers.

    IRS’s Commitment To Combat Fraud

    The IRS is not just hitting the pause button; it’s gearing up to unveil a series of initiatives to rescue businesses that were victims of aggressive ERC promoter schemes. Among these initiatives, a groundbreaking settlement program will provide you with a lifeline to repay any improperly received ERC payments. In addition, for those who may have filed ERC claims incorrectly, a special withdrawal option is in the works. Stay tuned as the IRS is promising more details on these programs.

    What Business Owners Should Know

    So, what should business owners do during this critical period? If you’ve already filed and have an ERC claim in limbo, it’s time for a thorough eligibility check. The IRS has noticed an alarming trend of businesses incorrectly citing supply chain issues as grounds for an ERC claim – a tactic that rarely aligns with the eligibility criteria. If you’re on the fence about filing a claim, it’s wise to consult the updated ERC guidelines and consider postponing your submission. The IRS recommends that businesses take advantage of the processing delay to review the ERC guidelines meticulously.

    Assistance At Your Fingertips

    To aid you in understanding your eligibility, the IRS has taken the initiative to update its ERC FAQs and crafted an eligibility checklist. These resources are available to ensure you make the most informed decisions regarding your ERC claim.

    However, during these times of change and uncertainty, it’s time to take it a step further. Have you considered partnering with a professional employer organization (PEO) like GMS? Our HR experts offer advice on ERC eligibility, ensuring compliance with IRS guidelines, and helping you make the most of available tax credits. We not only streamline your HR processes but also act as a strategic partner to ensure that your business thrives amidst these changing dynamics. Together with the IRS, GMS can be your trusted partner in pursuing financial stability and success. Contact us today to learn more.

  • Your staff is your most vital asset when it comes to running a successful business. Investing in them is a no-brainer. However, finding the most effective ways to do so is a little more complicated. Incorporating a mentorship program as part of your employees’ professional development offers one highly effective way to help them achieve their career goals and unlock their full potential.

    Mentorship programs can come in many different forms, but to maximize the benefits, you must customize the program to align with your unique goals and the needs of your staff. There are several components to consider when building a mentorship program. However, before we delve into those aspects, let’s first explore some of the advantages.

    Why Mentorship Is Important

    Employee development programs prioritizing mentorship are some of the most effective ways of helping employees develop and achieve their goals while prepping them for the skills needed in the future. In fact, employees who have mentors are promoted five times more often than their counterparts.

    Mentorship is an incredible catalyst for personal and professional growth. It connects individuals with experienced leaders who provide invaluable knowledge and support. Through mentorship, individuals clarify their goals, gain fresh perspectives, and learn from the mistakes and triumphs of those who have walked similar paths. This transformative relationship empowers mentees and allows mentors to give back to their communities and industries, fostering a legacy of growth and development.

    Moreover, mentorship is not a short-term engagement; it often leads to long-lasting relationships. The bonds formed between mentors and mentees often extend beyond the mentorship period, providing a reliable support system and a sense of belonging.

    To determine the most suitable arrangement for your team, it’s crucial to assess their interests and individual goals and continually refine the program as you go. 

    What Makes Mentorship Effective?

    In short, mentorship helps find and unlock unused potential. Mentors can identify and nurture talents often overlooked in the day-to-day environment. In addition, they can help affirm and encourage employees, enhance their self-confidence, and enable them to take on more responsibilities or expand their comfort zones. This, in turn, assists in the overall productivity of your business; engaged employees are more efficient and likely to stay on long-term.

    Other factors that contribute to its effectiveness include the following:

    • Develop communication skills. Mentorship fosters the development of practical communication skills. Mentors provide mentees with the opportunity to articulate their thoughts, ideas, and goals. This practice in communication helps individuals express themselves more clearly and persuasively, a vital skill in any professional setting.
    • Helps employees overcome obstacles. Mentors play a crucial role in assisting mentees in overcoming obstacles. They offer advice based on their own experiences, helping mentees navigate setbacks, problem-solve, and persevere in the face of adversity.
    • Broadens perspective. Mentors often have diverse experiences and backgrounds, which can broaden mentees’ horizons and encourage them to think beyond their immediate circumstances. This broader outlook can lead to innovative solutions and more effective decision-making.
    • Accountability. Effective mentorship often includes setting goals and objectives. Mentors help mentees define clear milestones and hold them accountable for progress. This accountability encourages individuals to stay focused and motivated, driving their personal and professional growth.
    • Continuous learning opportunities. Mentorship promotes a culture of constant learning. Mentees are encouraged to seek knowledge and feedback and adapt to changing circumstances, fostering a growth mindset that benefits both individuals and your organization.

    Nine Steps To Build A Mentorship Program

    Building a mentorship program can be a rewarding and valuable endeavor for any organization. Not only will it support your staff in meeting their individual goals, but it’s also a great tool to assist with engagement and retention efforts.

    To build an effective mentorship program, consider the following steps:

    1. Define purpose and goals: Clearly outline the objectives of your mentorship program. What do you hope to achieve through the mentoring relationship? Examples include career development, skill enhancement, or fostering a sense of community.
    2. Identify stakeholders: Determine who will be involved in the program, including mentors, mentees, program coordinators, and other relevant parties.
    3. Establish structure: Decide on the program’s format, including the duration, frequency of meetings, and the number of participants.
    4. Recruit mentors and mentees: Reach out to potential mentors and mentees within your organization or community. Ensure mentors have the expertise and willingness to commit to the program.
    5. Training and orientation: Provide training and orientation sessions for mentors and mentees. This should cover program expectations, communication guidelines, and relevant skills or knowledge.
    6. Pair mentors and mentees: Carefully match them based on their goals, needs, and compatibility. Consider factors such as experience, industry, and personality.
    7. Set SMART goals: Encourage mentors and mentees to set specific, measurable, achievable, relevant, and time-bound (SMART) goals for their mentorship relationships.
    8. Track progress: Regularly check in with both mentors and mentees. Establish checkpoints where both parties can report their progress or ask for assistance.
    9. Iterate: Once you’ve established your program, collect participant feedback and use it to adjust future rounds of mentorships.

    Mentorship programs are incredible tools to engage your staff. Not only do they offer growth opportunities for each participant, but they are a great way to showcase your investment in your team. Employees who feel valued and supported tend to report higher levels of job satisfaction and are more likely to stay with your organization, contributing to higher retention rates.
    All in all, mentorship programs can be a valuable addition to your employee investment strategy.

    How GMS Can Help

    Between ongoing training and employee recruitment services, finding, hiring, and developing the right people for your organization takes time and effort. Professional employer organizations (PEOs) like GMS give you access to the tools and resources necessary to take on these responsibilities while improving your overall recruiting, hiring, and training efforts.

    Our learning management system is a web-based platform that can implement and monitor a learning process. Employee education is a tremendous opportunity for businesses trying to onboard new hires, tap into their workers’ potential, and support their teams. A learning management system allows employers to streamline and optimize the education process.

    Of course, it takes more than just software to maximize your business’ education efforts. Partnering with a PEO gives businesses access to cutting-edge technology and expert support so that your employees are set up to succeed. Contact us today to learn more about our services!

  • In the current HR landscape, one topic that’s generating substantial buzz is pay transparency. State and local governments are increasingly pushing organizations to open up about their pay practices when posting jobs and to regularly report on these practices. However, even beyond compliance requirements, many forward-thinking organizations voluntarily embrace pay transparency as a fundamental aspect of their HR strategy.

    This shift towards transparency, while commendable, poses significant challenges, especially for large organizations with intricate pay structures. Thankfully, technology is emerging as a vital ally in this endeavor, offering a range of benefits that go beyond just ensuring compliance.

    The Moral Imperative Of Pay Equity And Transparency

    In a job market characterized by fierce competition for talent, candidates hold a significant amount of power. They are not just seeking employment; they are seeking the right fit for their skills, experience, and financial expectations. When organizations are transparent about pay ranges, they empower candidates with essential information to make informed decisions.

    From a recruitment perspective, it makes sense to be transparent about pay ranges. One of the primary benefits of pay transparency during the recruitment process is the efficiency it brings. Without clear pay information, candidates may invest time and effort in pursuing job opportunities only to discover later in the process that the compensation offered falls short of their expectations. This can result in wasted resources for both the candidate and the hiring organization.

    Candidates who have access to pay ranges upfront can quickly assess whether the salary aligns with their financial goals and expectations. As a result, candidates who are genuinely interested in the position and its compensation are more likely to apply, streamlining the recruitment process.

    Furthermore, technology enables organizations to maintain internal and external pay equity effortlessly. Technology streamlines what was once a time-consuming and manual process. However, it’s not just about the numbers; it’s about the actionable insights derived from them.

    Choosing The Right Vendor

    Selecting the right technology vendor is a critical decision. It’s essential to consider a vendor’s platform robustness and expertise in the pay equity domain. A reputable vendor offers tools for evaluating pay and opportunity gaps and provides guidance on changing legislation and best practices.

    It’s critical for business owners to have a clear understanding of the problem they want the platform to solve and what kind of HR and business knowledge they’re seeking through analytics. Involving various groups within the organization, such as legal, HR, and business leaders, can help define the vision for pay equity.

    Unlocking Pay Equity With A PEO

    Partnering with a professional employer organization (PEO) can be a game-changer in navigating the complex terrain of pay transparency and equity. PEOs are well-versed in HR best practices, compliance requirements, and cutting-edge technology solutions. At GMS, a certified PEO, we provide support in implementing transparent pay practices, from crafting fair compensation structures to leveraging advanced HR technology for real-time data insights. By partnering with GMS, businesses can streamline their HR processes and ensure that they stay ahead in the quest for pay equity, ultimately fostering a culture of transparency and fairness that attracts top talent and propels their success in the competitive business landscape. Interested in learning more? Contact us today to learn more.

  • In a whirlwind of legislative action, Governor Kathy Hochul signed a series of groundbreaking bills that promise to reshape the state’s employment landscape and protect its citizens’ rights. From ending the practice of captive audience to categorizing wage theft as larceny and extending vital protections to interns based on gender identity and expression, these new laws are a testament to New York’s commitment to progressive change.

    Putting An End To Captive-Audience Meetings

    One of the most significant developments is the new law that ends captive audience. This law has far-reaching implications for workers’ rights and employer conduct in the state. In essence, this legislation prohibits employers from disciplining employees who refuse to attend meetings primarily designed to communicate the employer’s opinions on religious or political matters. This includes discussions about unionization, a hot-button issue in many workplaces. While the National Labor Relations Act (NLRA) once protected these meetings as employer speech, the newest New York law takes a decisive stance against the coercion of employees into attending these gatherings.

    Under the new law, it’s now unlawful for employers to refuse employment, discriminate against, or take adverse actions against individuals who decline to attend these meetings. It marks New York as the fourth state to take a stand against mandatory captive-audience meetings, with many states reevaluating the NLRA’s influence in this arena.

    Cracking Down On Wage Theft

    Another significant move by Governor Hochul and the New York Legislature is the amendment to the New York Penal Law to classify wage theft as larceny. This change was urgently needed to address the pervasive issue of employers failing to pay their workers minimum wage, overtime, or promised wage rates. The new law allows for the aggregation of these underpayments, making it easier to prosecute those who exploit their workforce.

    With this amendment in place, employers who engage in wage theft will now face criminal charges and penalties corresponding with the severity of their actions. This bold step sends a clear message that wage theft will not be tolerated in the Empire State.

    Extending Protections For Gender Identity And Expression

    New York has also taken strides to protect interns from discrimination based on gender identity or expression. Governor Hochul signed Senate Bill S7382, a bill extending the New York State Human Rights Law’s prohibitions on discrimination to cover interns. This law offers vital protections that mirror those already in place for employees.

    By including gender identity and expression as protected classes for interns, New York continues to be at the forefront of the fight for equal rights. It sends a powerful message that discrimination of any kind will not be tolerated within the state’s borders.

    Partner With A PEO

    With the prohibition of captive-audience meetings, the classification of wage theft as larceny, and the extension of protections for interns based on gender identity and expression, New York has shown its unwavering commitment to creating a fair and equitable environment. However, small businesses may find it challenging to navigate compliance and employee relations amidst these legislative changes in New York.

    This is where a professional employer organization (PEO) comes into the picture. PEOs like GMS specialize in HR management, offering expertise in navigating complex labor laws, wage compliance, and discrimination protections. By partnering with a PEO, small businesses can ensure they remain fully compliant with these new regulations while focusing on growing their business and supporting their employees. In an ever-evolving regulatory landscape, GMS provides the essential support needed to thrive in New York’s business environment. Contact us today to get started.

  • In a significant shift from recent years, the U.S. Equal Employment Opportunity Commission (EEOC) has announced updated deadlines for employers to submit their demographic data. The EEO-1 Component 1 data collection for 2022 is set to kick off on October 31st, 2023, with the deadline for employers to file their EEO-1 reports now extended to December 5th, 2023. This shift in the filing cycle is bound to impact businesses across the nation, prompting employers to adapt to the new timeline and understand the implications of these changes.

    Who Needs To File EEO-1 Reports?

    Private employers with at least 100 employees must file the EEO-1 form annually. This form essentially provides a snapshot of the racial, ethnic, and gender composition of their workforce broken down by specific job categories. In addition to private employers, federal government contractors and first-tier subcontractors with 50 or more employees and at least $50,000 in contracts must also submit EEO-1 reports. However, it’s important to note that state and local governments, as well as public school systems, are exempt from this requirement.

    Streamlining The Reporting Process

    One of the most notable aspects of this year’s changes is the shift in the filing cycle. In the past, employers were accustomed to deadlines in May or June. The new timeline aims to streamline the reporting structure, making it more accessible for employers to prepare and submit their EEO-1 reports. This change is a welcome development for many employers who have struggled with previous deadlines.

    One-Year Approval From The White House

    It’s essential to note that the White House Office of Management and Budget (OMB) extended this approval of the EEO-1 form for only one year, despite the EEOC’s request for a three-year approval. While this extension allows the EEOC to proceed with collecting EEO-1 reports this fall, it leaves the future of the EEO-1 reporting format uncertain.

    The primary change accompanying this newly approved EEO-1 form is eliminating Type 6 reports. While only a few employers used these reports, they allowed employers to provide summary data for facilities with fewer than 50 employees. The new EEO-1 report will require employers to provide demographic data for all facilities, regardless of size, creating a more comprehensive overview of workplace diversity.

    Possible Changes To Race Categories

    An aspect that remains unchanged for the 2022 data collection is the race categories on the EEO-1 form, which include white, black or African American, Native Hawaiian, or other Pacific Islander, Asian, American Indian or Alaska Native, and two or more races. On the form, Hispanic or Latino is categorized as an ethnicity, not a race. However, recent comments in court documents during the Supreme Court’s affirmative action case have suggested that these race categories might be overly broad and could undergo revisions in the future.

    Partner With GMS

    As the deadline for EEO-1 submission looms and businesses prepare to meet their reporting obligations, the role of a professional employer organization (PEO) emerges as a powerful partner. PEOs like Group Management Services (GMS) are not just about compliance; they are the bridge to a future where diversity, equity, and inclusion are seamlessly integrated into the workplace fabric. By partnering with GMS, businesses can access expert guidance, streamlined reporting processes, and comprehensive support. Together, we can confidently navigate the complex landscape of EEO-1 reporting, ultimately fostering an environment where employees’ potential is realized, and their contributions are valued. In this partnership, businesses meet regulatory requirements and lay the foundation for a more equitable and prosperous future. Contact us today to learn more.

  • The employment landscape is constantly evolving in an era of digitalization and remote work. One significant change that has emerged recently is the option for qualified E-Verify users in good standing to verify Form I-9 remotely. While this may seem convenient for employers and employees, the road to compliance in this new territory is unclear. Legal experts urge caution and thoughtful consideration as businesses navigate the uncharted waters of remote I-9 verification.

    The Basics Of Remote I-9 Verification

    Effective August 1st, 2023, remote verification of identification and work authorization documents became an alternative option for qualified E-Verify users in good standing. To maintain this good standing, employers must meet the following criteria:

    1. Enroll in E-Verify for all hiring sites using the remote alternative procedure
    2. Remain in compliance with all E-Verify program requirements, including verifying the employment eligibility of newly hired employees 
    3. Continue to participate in E-Verify in good standing each time remote verification is used 

    In addition, new E-Verify employers and case managers must complete an E-Verify tutorial, including fraud awareness and anti-discrimination training. 

    Striking The Right Balance – Document Retention 

    One of the most crucial aspects of remote I-9 verification is document retention. Employers must keep clear and legible documentation of the process when using remote verification. During a live video interaction, the employer watches as the employee completes Section 1 of Form I-9 and uploads it.

    There is no specific platform requirement for the live video chat, leaving employers with flexibility. However, experts recommend avoiding overdocumentation. Over-documenting could be misinterpreted as a sign of discrimination based on an employee’s citizenship or national origin, potentially leading to lengthy investigations by the U.S. Department of Justice/Immigrant and Employee Rights Section.

    Employees have the freedom to present any document or combination of documents from the U.S. Department of Homeland Security’s (DHS’s) list of acceptable documents, and they are not obligated to provide specific items such as a Social Security card or passport. Employees can also request the traditional physical inspection process instead of remote verification.

    Recording The Video Chat: A Matter Of Privacy 

    Employers must be mindful of state privacy laws and consent requirements if they choose to record the live video chat. Privacy rules vary from state to state; some even demand audio disclosure. Prior consent from employer representatives is advisable, and any recording process should be based on nondiscriminatory reasons.

    However, it’s important to note that recording the video chat is not a regulatory requirement but rather an internal compliance decision. The DHS has not indicated that employers must maintain a recording of the document review in either video or screenshot format.

    Recording interactions may also raise data privacy and security concerns, potentially increasing HR departments’ burden. Employers should carefully consider additional tracking and documentation procedures, keeping in mind that the DHS does not mandate these and should be discussed with legal counsel.

    The Assistance Of A PEO

    In the complex landscape of remote I-9 verification, employers can find valuable support and expertise through a professional employer organization (PEO) like GMS. PEOs manage various HR functions, including compliance with immigration and employment eligibility regulations. At GMS, our HR experts help streamline the remote verification process, ensuring employers meet all legal requirements while alleviating the burden of navigating this intricate terrain alone. As we adapt to the ever-changing world of work, the partnership with GMS can prove invaluable in maintaining compliance, protecting privacy, and ultimately facilitating a seamless transition into this new era of remote I-9 verification. Contact our HR experts today!