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  • As the end of the year approaches, it’s time to review your HR policies and ensure they are up-to-date and compliant. HR compliance is intricate and constantly evolving. It’s a complex issue that can’t be overlooked or hastily reviewed, as noncompliance can have severe long-term consequences.

    Noncompliance can lead to significant penalties, damage to your reputation, decreased employee retention, and lower job satisfaction – all of which can have detrimental effects on your business. It’s crucial to be proactive to mitigate these risks. Regular audits, education on legal changes, and consistent policy enforcement can safeguard your organization.

    Moreover, a culture of compliance can enhance your company’s image in the eyes of potential talent, customers, and partners, leading to better recruitment opportunities, customer trust, and strategic relationships. It also fosters a positive work environment, which is instrumental in boosting employee morale and engagement. Investing in HR compliance is not just about avoiding negative outcomes—it’s about creating a solid foundation for your business’s success and longevity.

    Maintaining compliance is complex, so we’ve gathered a few things to consider as you wrap up the year.

    What Is HR Compliance

    HR compliance is the practice of adhering to all labor laws and regulations at the federal, state, and city levels.

    • Federal laws: These broad regulations apply to all U.S. employers, covering minimum wage, anti-discrimination, and benefits. A few examples include the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, and the Affordable Care Act (ACA).
    • State laws: Each state has its own set of employment laws that can expand upon or differ from federal regulations. These include higher minimum wages, stricter anti-discrimination laws, or different overtime pay requirements.
    • Local laws: In some cases, local governments enact ordinances that affect employment practices within their jurisdictions. For example, some cities have their own paid sick leave requirements that are more generous than state or federal provisions.

    Businesses that operate across multiple states face a magnified challenge when it comes to compliance. You must ensure you’re not only meeting the federal baseline but also adhering to the varied requirements of each state in which you operate.

    HR Compliance Checklist

    To set yourself up for success, wrap up the year by reviewing and ensuring your HR policies are up to date. While it can be a lot to manage, a little work now will save you time and stress later. The following is a list to get you started:

    OSHA regulations

    • Assess and update your job safety and health training programs to ensure they are current and effective.
    • Keep precise documentation of work-related injuries and illnesses using OSHA’s Form 300 log.
    • Evaluate personal protective equipment (PPE) needs to identify the required safety gear for employees.
    • Post the official OSHA Job Safety and Health poster in a prominent location where all employees can see it.
    • Establish and maintain transparent channels for employees to report workplace hazards or compliance issues without fear of retaliation.

    Workers’ compensation

    • Ensure your business is compliant with state-level regulations for workers’ compensation.
    • Establish and maintain correct protocols for reporting and filing workers’ compensation claims.
    • Conduct an assessment of your workplace to confirm it’s secure and hazard-free.

    Employee information and W-2s

    • Check your records and ensure you have updated addresses from your team to ensure they receive their W-2s immediately.
    • Confirm you have all social security numbers or federal employer identification numbers (FEIN) to avoid penalties from the IRS.

    Benefits and leave

    • If you have 50 or more employees, you’re required to provide health care coverage under the ACA.
    • Review employee classifications to ensure accurate benefit entitlements.
    • Familiarize yourself with the Family and Medical Leave Act (FMLA), which allows up to 12 work weeks of leave annually and requires you to keep records for no less than three years.
    • Review and communicate your leave application process to ensure employees understand how to request leave and the approval process.
    • Perform a thorough examination of all benefit offerings to verify their adherence to regulatory standards.

    Hiring practices

    • Review your hiring practices and job postings. Avoid discriminatory language that would violate Title VII of the Civil Rights Act.
    • Retrain your hiring managers on appropriate interview questions to avoid any illegal questions. For example, you can’t ask if someone has a disability or a medical condition. You can, however, ask if they will be able to perform the job with or without reasonable accommodation.

    Onboarding

    • Update your employee policies and ensure employees have easy access to them via an employee handbook.
    • Review your onboarding process to ensure each new hire understands your company’s policies and how to remain compliant.

    While this checklist is comprehensive, it does not encompass everything your business needs to ensure compliance. You should revisit laws and regulations specific to your industry and location to ensure you haven’t missed anything.

    How GMS Can Help

    As a business owner, you may discover that you can no longer manage administrative tasks or keep up with the ins and outs of HR. That’s where we come in. We manage a range of responsibilities for your business. From payroll tax to employee benefits, we focus on administrative work so you can focus on what truly matters in your business.

    At GMS, we take HR off your plate. In addition, we offer four types of HR audit programs to meet your specific needs, including the following:

    • Compliance audit: This focuses on how compliant your business is with federal, state, and local laws and regulations.
    • Best practices audit: This audit reviews your competitive advantage by comparing your HR practices to proven best practices.
    • Strategic audit: This audit helps identify your strengths and weaknesses and helps ensure your HR processes align with your organization’s strategic plan.
    • Function-specific audit: Need help with something specific? We can run focused audits on areas such as payroll, hiring and onboarding, and risk management, to name a few.

    For all of your HR needs, we’re here to help. We’ll connect you with one of our dedicated HR specialists who can lighten your load so you can focus on other areas of your business. Contact us today!

  • In a move for California’s food industry, Governor Gavin Newsom signed Senate Bill (SB) 476 into law in October. This legislation, set to take effect on January 1st, 2024, carries significant implications for the state’s food facility employers and their workers. Under SB 476, food facility employers are now mandated to pay for their employees’ food handler cards and the time spent obtaining them, marking a significant leap forward in protecting the rights and well-being of food service workers.

    What Is A Food Handler Card, And Why Does It Matter?

    Before we dive into the details of SB 476, let’s get a better understanding of what a food handler card is and why it’s crucial. A food handler card is a certification required by the state Health and Safety Code for anyone involved in the preparation, storage, or service of food in a food facility. It’s designed to ensure that those working with food possess the necessary knowledge and skills to maintain the safety and hygiene standards crucial in the food industry.

    Before SB 476, obtaining a food handler card was often an expense borne by the employee, including the costs associated with taking the necessary training courses and examinations. However, with the new legislation, a fundamental shift in responsibility has occurred.

    The Power Of SB 476

    Under the provisions of SB 476, employers must now cover all costs associated with their employees obtaining a food handler card. This not only includes the cost of the certification but also compensates employees for their time spent attending training courses and taking examinations. This law mandates that employees are relieved of all other work duties while undergoing this training.

    One of the most notable aspects of SB 476 is the prohibition against conditioning employment on the applicant or employee having an existing food handler card. This means that obtaining a card is no longer a prerequisite for employment, which can open doors for many job seekers and reduce barriers to entry in the food industry. With this change, the focus is on providing employees with the tools and training they need to succeed in their roles.

    A Win-Win For Employers And Employees

    SB 476 represents a win-win situation for both food facility employers and their employees. Employers benefit from a more knowledgeable and skilled workforce, which can lead to improved food safety and customer satisfaction. On the other hand, employees can take advantage of enhanced opportunities for employment and career growth within the food industry, all while being fairly compensated for their time and expenses in obtaining their food handler cards.

    How A PEO Can Help Business Owners

    Navigating these changes and ensuring compliance can be a complex process for business owners, particularly in the food industry. The following is how a PEO like GMS can provide invaluable assistance to your business in California:

    1. HR expertise: GMS offers expertise in human resources, ensuring that businesses understand the implications of SB 476 and helping them develop policies and procedures to remain compliant. They can advise on how to structure compensation, reimbursements, and employee time management effectively.
    2. Training and education: We provide access to training and educational resources that can assist businesses in offering the required food handler courses to their employees through our learning management system (LMS). This can streamline the process, ensuring employees receive the training they need.
    3. Compliance assistance: SB 476 introduces a significant level of complexity regarding employee compensation and compliance. Our experts help business owners understand and adhere to these new requirements, reducing the risk of legal issues and penalties.
    4. Recruitment and onboarding: Since SB 476 eliminates the need for food handler cards as a precondition for employment, businesses might face an influx of job applicants. Our HR experts can help streamline the recruitment and onboarding process, saving time and resources.
    5. Employee benefits: We offer comprehensive benefits packages that can help businesses attract and retain top talent in a competitive industry. This can be appealing to potential employees who value additional benefits beyond fair compensation.

    By leveraging GMS’ expertise, training resources, and support, California business owners in the food industry can thrive in this evolving landscape while prioritizing their employees and their bottom line. Contact us today to learn more.

  • In today’s fast-paced and competitive business landscape, effective performance management is essential for an organization’s success. Performance management tools have traditionally focused on measurement, providing valuable insights into key performance indicators (KPIs) and individual or team performance metrics. While measurement remains a critical aspect, the true potential of these tools extends far beyond quantification.

    The Limitations Of Pure Measurement

    Performance management tools primarily focusing on measurement tend to capture only a narrow view of employee or team performance. Metrics such as sales targets met or deadlines adhered to are undoubtedly important, but they do not paint a complete picture. They fail to account for the nuances of an individual’s contributions, the underlying factors affecting performance, or the broader context in which work occurs. To truly harness the potential of your workforce, performance management tools must go beyond these quantitative metrics.

    Shifting Toward Holistic Assessment

    Performance management tools can be transformational when they adopt a more holistic approach to assessing performance. This entails considering qualitative aspects such as skills development, innovation, collaboration, and the overall impact of an employee or team on the organization’s mission and values. Holistic assessment recognizes that employee engagement, job satisfaction, and personal growth are as crucial as hitting numerical targets. It’s about understanding the “how” and “why” behind performance, not just the “what.”

    Encouraging Continuous Feedback And Improvement

    Beyond measurement, performance management tools can promote a culture of continuous feedback and improvement. Regular check-ins, self-assessments, and peer reviews can provide valuable insights into an employee’s strengths and areas for development. When these insights are integrated into the performance management process, employees can be empowered to take control of their growth and development, creating a more engaged and motivated workforce.

    Fostering Employee Development

    One of the most powerful aspects of performance management tools that transcend measurement is their role in fostering employee development. By focusing on learning and growth opportunities, these tools can facilitate skills development, career progression, and personal development plans. When employees see that their organization is genuinely invested in their growth, they become more committed, motivated, and loyal.

    Aligning Performance With Organizational Goals

    Performance management tools that go beyond measurement help align individual and team performance with broader organizational goals. This alignment is critical for achieving a shared vision and ensuring that employees contribute to the company’s strategic objectives. When everyone understands how their work connects to the bigger picture, motivation, and engagement soar.

    Enhancing Manager-Employee Relationships

    Performance management tools also play a pivotal role in strengthening manager-employee relationships. Regular feedback and open communication create an environment of trust and transparency. When managers focus on guiding and coaching their team members rather than simply evaluating their performance, a collaborative and supportive atmosphere is essential.

    Acknowledging The Human Element

    In the pursuit of transcending measurement, performance management tools must recognize the intrinsic human element in performance. Emotions, aspirations, and the work environment all influence how employees perform. Tools that acknowledge these factors are better equipped to help individuals and teams reach their full potential.

    Unlocking Business Potential

    As the business environment continues to evolve, the support of a professional employer organization (PEO) becomes increasingly important. PEOs like GMS extend a helping hand that reaches far beyond the conventional realms of HR and payroll services. They bring a holistic approach that empowers organizations to hone in on their core strengths. With their expert guidance on compliance, benefits administration, and risk management, PEOs liberate precious time and resources. This liberation, in turn, allows businesses to not just survive but truly thrive.

    At GMS, our HR experts ensure that your employee policies comply with all legal regulations and policies. Our performance review system offers the following:

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

    By partnering with a PEO, companies can navigate the intricate maze of workforce management, shed the weight of administrative tasks, and cultivate an environment that nurtures employee growth and development. In a world where operational efficiency and strategic expansion are paramount, PEO assistance isn’t merely an option; it’s a strategy that serves as the driving force behind a company’s progress. Contact our experts at GMS today.

  • In an era where streaming services have become an integral part of our lives, there’s something captivating about having all your favorite shows and movies in one central location. Imagine having access to all the content you love, organized on one platform. It’s not just convenient; it’s also efficient. In the world of business, a similar revolution is happening through the professional employer organization (PEO) model. PEOs consolidate HR services, making them easily accessible to small business owners.

    Continue reading to explore the PEO model and how it operates as the Netflix of HR services, offering many benefits for small business owners.

    What Is A PEO?

    To understand the PEO model, we first need to grasp its core concept. A PEO provides comprehensive HR services to small and medium-sized businesses. These services include payroll management, employee benefits administration, compliance assistance, and more. Essentially, PEOs serve as a one-stop shop for all your HR needs.

    Much like your favorite streaming platform, a PEO offers a variety of “shows” (services) bundled together, ensuring you get access to all the essential HR functions without the hassle of dealing with multiple providers.

    Streamlining HR Operations

    When you subscribe to multiple streaming services, managing different subscriptions, logins, and content libraries can be overwhelming. The same applies to small business owners managing various HR functions. By partnering with a PEO, you can streamline your HR operations in a similar way. PEOs consolidate payroll, benefits administration, employee onboarding, and more into one unified platform. This simplifies the HR process, reducing administrative complexities and improving efficiency.

    Cost-Efficiency

    One of the most compelling aspects of streaming services is the cost-efficiency. However, as more streaming services have launched, you spend more time and money watching different shows on different platforms. Wouldn’t it be more efficient and cost-effective if you could consolidate all your streaming platforms into one?

    Similarly, small businesses that partner with a PEO can experience significant cost savings. PEOs leverage their buying power to negotiate better rates for employee benefits and workers’ compensation. This means that small business owners can provide competitive benefits to their employees at a more affordable cost. It’s like getting premium content at a discounted rate, making your business more attractive to top talent.

    Expertise And Compliance

    Streaming services offer curated content, ensuring that subscribers get the best entertainment options without the hassle of searching. Similarly, PEOs are experts in HR services, guaranteeing that your business complies with the ever-evolving labor laws and regulations.

    PEOs keep you up-to-date with the latest HR trends, best practices, and legal requirements, which can be a complex task when managing HR in-house. This expertise minimizes the risk of costly mistakes, providing peace of mind for business owners.

    Scalability

    Streaming platforms adapt to your needs. If you need more screens or higher resolution, you can easily upgrade your subscription. The PEO model is just as scalable. As your business grows, a PEO can seamlessly adjust its services to accommodate your changing HR needs. Perhaps when you first partnered with a PEO, you only had one employee, so offering benefits wasn’t a top priority. Now, you’ve gained 30 employees, and suddenly, offering benefits is essential to attracting and retaining top talent. We can now provide you with various benefits packages.

    Whether you’re hiring more employees or expanding to new locations, a PEO can scale its services accordingly, ensuring that your HR remains efficient and compliant. It’s like upgrading to a premium subscription on your favorite streaming service, with added benefits and convenience.

    Look No Further

    Much like the joy of having all your favorite content in one place, the PEO model offers a consolidated, efficient, and cost-effective solution for managing HR services. Small business owners can benefit from streamlining their HR operations, cost savings, expert guidance, and scalability, all while ensuring compliance with employment laws.

    Partnering with a PEO like GMS simplifies your business, enhances efficiency, and delivers an exceptional HR experience. So, why juggle multiple HR providers when you can have it all in one place? Make your business HR-efficient and watch it grow with the power of a PEO. We’re one click away – contact us today to learn how we can be your one-stop solution.

  • In the world of employment verification, staying up-to-date with the latest regulations is crucial for employers and employees. Effective November 1st, 2023, significant changes have been made to Form I-9, Employment Eligibility Verification. These changes impact how employers verify the eligibility of their employees to work in the United States. If you’re a business owner, continue reading to closely examine the revisions made to Form I-9 and the implications for employers.

    The August 1st, 2023, version of Form I-9 brings a range of revisions designed to enhance its usability, accessibility, and compliance. The following are notable changes:

    1. Tablet and mobile compatibility: Form I-9 has been redesigned to be fillable on tablets and mobile devices, making it easier for employers and employees to complete the form electronically.

    2. Remote verification option: A significant change is the addition of a checkbox that allows certain employers to indicate they have examined Form I-9 documentation remotely. This alternative procedure aligns with the U.S. Department of Homeland Security’s new guidelines. It provides an option for remote examination rather than physical examination of documentation. This change is especially significant in light of the shift towards more flexible and remote work arrangements.

    3. Redesigned Lists of Acceptable Documents page: The Lists of Acceptable Documents page has been updated for clarity and ease of use. This section guides employers and employees on which documents are acceptable for establishing identity and employment authorization.

    4. Updated notice to avoid discrimination: Form I-9 now includes an updated notice that provides guidance on preventing discrimination in the Form I-9 process. Ensuring the employment eligibility verification process is free from bias and discrimination is critical.

    5. Reduced instruction pages: The instructions accompanying the Form I-9 have been streamlined. Previously, there were 15 pages of instructions; now, there are only eight. This reduction aims to make the instructions more concise and user-friendly, helping employers and employees navigate the process more efficiently.

    New Edition Date

    The key change to Form I-9 is its edition date. Employers are now required to use the most current version of the form, dated August 1st, 2023. The previous edition, dated October 21st, 2019, will be valid until October 31st, 2023. From November 1st onwards, it’s essential for employers to switch to the updated form to ensure compliance with the latest regulations.

    Forms For Existing Employees

    The good news for employers is that they do not need to complete a new Form I-9 for current employees with a properly completed Form I-9. Unless re-verification is required for an employee after October 31st, refiling the updated form for existing workers is unnecessary.

    Consider Utilizing A PEO

    Navigating the employment verification and compliance landscape, many businesses are turning to professional employer organizations (PEOs) for expert assistance. PEOs like GMS are well-versed in the intricacies of Form I-9 and a broader realm of HR compliance. By partnering with a PEO, businesses can ensure that they seamlessly implement these changes, stay compliant with regulations, and reduce the administrative burdens associated with managing the workforce. Whether it’s adopting the latest edition of Form I-9, incorporating remote verification processes, or providing comprehensive guidance to employees, a PEO offers the expertise and support that can make a crucial difference in helping businesses thrive in an environment where compliance is paramount. When navigating these complexities, a PEO can be the trusted partner that empowers businesses to focus on what they do best while staying on the right side of the law. Contact us today to learn more.

  • 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.