Request a call Login

  • When your employees are ailing, your business is also likely to suffer. The health and wellbeing of your employees can play a big part in your company’s success, as a happy, healthy workforce has several benefits, including:

    • Increased productivity
    • Reduced absenteeism
    • Decreased medical costs

    Many small business owners have turned to workplace wellness programs to help improve the wellbeing of their employees. Over time, these programs have evolved to address specific issues to better serve employers and their employees. Here are some recent wellness trends than may be a good fit for your business.

    An office worker stretching as part of the company’s workplace wellness program.

    Programs That Cover More Than Physical Wellbeing

    Physical health isn’t the only concern for your employees. While health concerns like chronic disease is a major issue for businesses, the stress caused by other factors can be a major source for lost productivity and morale. That’s why some businesses are expanding the definition of wellness to include areas like emotional, financial, and other types of wellbeing. 

    According to BMC Public Health, a peer-reviewed health journal, stress can increase health insurance costs for a business by 50 percent. This trend has led to the addition of skills training, financial counseling, and other outlets to some wellness programs. In addition to providing avenues for weight loss or smoking cessation, these programs focus on other avenues that can help improve both the physical and emotional health of employees by giving employees the knowledge and skills they need to reduce the stress placed on them by outside forces.

    Architectural Wellness

    You may not think about it, but your workspace can play a part in the wellness of you and your employees. Architecture and design magazine Metropolis notes that “new research about the effects of noise, light, and air quality—among many other factors—reveals direct links to long-term human health, not to mention daily productivity.” This means that certain changes to a workspace could help improve the overall wellbeing of employees, allowing them to be more productive while potentially limiting the number of sick days taken.

    Of course, most small businesses can’t do a complete redesign of an office. However, there are small changes you can make to create a healthier workspace. These include:

    • Air quality – Replace air filters and allow for fresh air flow to limit levels of carbon dioxide and other contaminants
    • Ergonomic furniture – Invest in seating and desks that relieve physical stress on employees over long periods of time
    • Private spaces – If possible, clear out some rooms or open spaces where employees can work privately when they need some space to focus
    • Noise control – Establish quiet zones for employees who need to get away from distracting conversations and use sound-deadening materials or furniture to help absorb noise

    Personalized Programs

    This shouldn’t come as a surprise, but every employee is different. This means that each worker can have certain preferences about what should be included in a workplace wellness program. Instead of trying to push aspects of a wellness program on disinterested employees, some businesses are personalizing programs so that users can take advantage of what they want.

    A wellness coordinator can meet with each employee to go over their health and to identify exactly what he or she wants to achieve through the program. Some employees may want to aggressively work to lose weight or quit smoking, while others may just want to maintain their level of health and learn other ways to improve their wellbeing. Coordinators can create personal health guides to provide workers with individualized information based on each specific user. 

    You can also offer “health hours” to employees to allow them to personalize their wellness on their own. This concept gives employees a set number of hours per week or month to go to the gym, take walks, or do some other healthy activity during company time. This can help workers who can’t find the time to work out on their own while still giving them the freedom to choose their own route to wellbeing.

    Small Business Guide to Health & Welness

    A Focus on Musculoskeletal Pain

    The U.S. Department of Health & Humans Services released a study back in 2015 that found nontraumatic joint disorders to be one of the five most costly conditions for American adults. Thanks to issues like back pain, arthritis, and carpal tunnel causing higher absentee rates and workers’ compensation claims, small business owners are now starting to realize that they may need to be proactive about musculoskeletal pain.

    A wellness program with a focus on musculoskeletal pain will help educate employees on how to prevent these issues. This may include:

    • Educating workers about what is considered a musculoskeletal disorder and how these injuries happen, which can include heavy lifting, bad work posture, and other practices that can lead to pain over time
    • Teaching prevention tactics such as important warmup stretches and proactive processes
    • Highlighting ways to improve workplace ergonomics

    Find the Right Workplace Wellness Program for Your Company

    While wellness programs can benefit small businesses, they’re only beneficial if they’re run effectively. At GMS, we can set up a customized workplace wellness program that’s designed around the needs and questions of your employees and features a quarterly review of claims and the impacts of your program. Contact GMS today to talk to one of our experts about how we can improve the wellbeing of your employees and your business.

  • In the past, business owners in Michigan had the option of whether they wanted to offer paid sick leave for their employees. However, Michigan adopted the Earned Sick Time Act (ESTA) Sept. 5, 2018, making it the 11th state to have a mandatory paid sick leave law in effect. Within a few months, the state’s legislature amended the bill, adopting the Paid Medical Leave Act (PMLA) as a modified version of the initial act that will go into effect starting March of 2019. 

    With all the changes in Michigan’s paid sick leave laws, it’s time for business owners in the state to take stock of exactly what the PMLA requires of them, if they should reevaluate their paid leave policies, and what they need to do to be compliant with the new law.

    An employee staying home through her company’s paid sick leave policy. 

    What the Paid Medical Leave Act Does

    The short answer is simple: staring in March, employees in Michigan will accrue paid sick time based on the amount of time they work. 

    Which Businesses are Affected

    While the ESTA originally impacted all businesses to some degree, the PMLA only covers employers with 50 or more individuals. However, small employers with fewer than 50 individuals may offer paid medical leave if they choose to do so.

    Which Employees are Affected

    The ESTA had a broader definition of eligible employees, which included full-time employees, part-time employees, independent contractors, and temps. The PMLA limits the scope of which employees are eligible for paid sick leave with a dozen exclusions listed out in the senate bill.

    • An individual who is exempt from overtime requirements under section 13(a)(1) of the fair labor standards act, 29 USC 213(a)(1)
    • An individual who is not employed by a public agency, as that term is defined in section 3 of the fair labor standards act, 29 USC 203, and who is covered by a collective bargaining agreement that is in effect
    • An individual employed by the United States government, another state, or a political subdivision of another state
    • An individual employed by an air carrier as a flight deck or cabin crew member that is subject to title II of the railway labor act, 45 USC 151 to 188
    • An employee as described in section 201 of the railway labor act, 45 USC 181
    • An employee as defined in section 1 of the railroad unemployment insurance act, 45 USC 351
    • An individual whose primary work location is not in Michigan
    • An individual whose minimum hourly wage rate is determined under section 4b of the improved workforce opportunity wage act, 2018 PA 337, MCL 408.934b
    • An individual described in section 29(1)(l) of the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.29
    • An individual employed by an employer for 25 weeks or fewer in a calendar year for a job scheduled for 25 weeks or fewer
    • A variable hour employee as defined in 26 CFR 54.4980H-1
    • An individual who worked, on average, fewer than 25 hours per week during the immediately preceding calendar year

    How Time is Accrued

    Both the ESTA and PMLA agreed that eligible employees are set to earn paid medical leave as soon as the act goes into effect March 2019. However, the FMLA changes the rate of accrual from one hour per every 30 hours to one per every 35 hours of service time. It also limits accrual to only one hour of paid sick leave in a calendar week. 

    In addition, the FMLA lowers the cap for paid leave to 40 hours per year instead of the ESTA’s 72. Time can be carried over into the next year, but usage is still capped at 40 hours. The PMLA also added an allowance for employers to add a waiting period of 90 calendar days before new hires can use paid sick leave.

    How Time is Used

    In terms of use, employees have a lot of wiggle room. Foreseeable leave, such as planned surgeries, procedures, etc., require up to seven days of notice. However, a sudden illness is not foreseeable, which means employees only need to give notice of sick leave as soon as reasonably possible. Earned paid leave can be used in one-hour increments, although the PMLA does permit employers to set a different increment policy in their employee handbooks.

    Another notable difference between the PMLA and the ESTA is that the amended bill gives employers more freedom to request documentation. Per the PMLA, employers can require reasonable documentation when employees use paid leave for absences of less than three days. In addition, employees have at least three days to provide the necessary documentation for absences.

    What it Means for Your Business

    If you have a business in Michigan and that business has fewer than 50 individuals, the PMLA won’t directly affect you. However, the act is part of a growing trend of more states adopting some form of required paid sick leave. This trend can serve as an opportunity to attract and retain better talent.

    Whether or not paid sick leave is mandatory for your business, you can still make it feel like a benefit for your employees. According to Access Perks, 88 percent of employees named sick leave as one of the most desirable PTO benefits. By offering paid sick leave—especially one that goes beyond any legally-required minimums—you can make your business more attractive to potential job candidates while rewarding your current employees.

    It is important to note that some business owners may be concerned that employees may abuse paid sick leave. However, that may not necessarily be the case. Monster notes that absenteeism did not notably increase when a paid sick leave law was passed in San Francisco and that the same employees who were likely to falsely call in sick in the past are the same who would abuse paid leave when it’s offered. 

    In fact, Access Perks notes that “89 percent of employees come to work sick with 19 percent admitting to doing this more than once a month.” By giving your employees the opportunity to take paid sick leave, they’ll be more inclined to use it when they really need it instead of forcing themselves to come to work and infecting other employees.

    How to Protect Your Business

    Regardless of your paid leave policy, you’ll need to adjust your policies and employee handbook. An outdated handbook can open you up to liability concerns, so it’s important to have your paid leave policy laid out so that employees have a clear understanding of the rules. It also allows you to have documentation in place to protect you from any legal claims against your company.  

    Another way to be safe is to work with experts who can help you roll out a new paid sick leave policy or any other program. As a Professional Employer Organization, GMS can help you establish an attractive benefits package and update your handbook appropriately. We can also help you stay ahead of new legislation or upcoming changes that may impact your business so you can act ahead of time. 

    Whether you need help with a paid leave policy or some other important business need, our Detroit branch or one of our other locations across the country can assist with risk management, outsourcing payroll, benefits administration, and other key HR functions. Contact GMS today to talk to one of our experts about how we can help your business.

  • The state of family medical leave has been in flux in New Jersey over the past year. In February, Governor Phil Murphy signed an amendment to expand both New Jersey’s Family Leave Act (NJFLA) and Family Leave Insurance law (NJFLI). Those changes went into effect back on June 30, 2019, but they wouldn’t be the only adjustments to leave laws during the years.

    As of Oct. 7, 2019, business owners have a pair of new laws to plan for when it comes to how the state processes leave applications. With so many changes, it can be hard to keep all the new family leave updates straight. To help, here’s a breakdown of what business owners need to know about the changes to family leave in New Jersey over the course of 2019 – and why it might be important to business outside the Garden State as well.

    A mother taking family medical leave from work after the birth of her new child.

    What’s Going on with Family Leave Laws in New Jersey?

    Changes to the NJFLA and NJFLI

    While New Jersey previously had the NJFLA and NJFLI both in place, the new amendments essentially increased the level of benefits and protections for any eligible employees who wish to use family leave. As was the case before, New Jersey employers must provide family leave to eligible workers and cannot terminate them as a result of this leave. These employees must meet the following requirements to be considered eligible for family leave. 

    • Their employer has at least 30 employees (it was 50 employees prior to June 30, 2019) or is a government entity of any size
    • The employee has worked for that employer for at least a year, amassing at least 1,000 hours over the course of the last 12 months
    • The family leave is used to care for a child of younger than 1 year old or to care for a family member, or someone equivalent to family, with a serious health condition

    In addition to reducing the employer size threshold found in the federal Family and Medical Leave Act (FMLA), many other changes went into effect for both NJFLA and NJFLI in June. Here are some of the more notable differences that directly impact employers.

    Reduced notice requirements

    The FMLA requires advance notice of 30 days for leave requests. However, New Jersey’s amendment drops the advance notice requirement to 15 days for an intermittent leave request for family members with serious health conditions.

    Additional time for paid leave benefits

    Originally, New Jersey employees were only allowed six weeks of paid family leave within a 12-month period. The amendments double that amount to 12 weeks. It also increased intermittent paid leave benefits from 42 to 56 days in that same 12-month period, while extending intermittent use to foster care placement in addition to care for newborns or adopted children.

    Higher weekly benefit amount cap

    Employees taking paid leave earn a portion of their weekly salary. Currently, that rate is two-thirds of an employee’s weekly salary, with weekly payments capped at 53 percent of New Jersey’s statewide weekly remuneration. As of July 1, 2020, that pay will increase to 80 percent of a weekly salary, with weekly payments capped at 70 percent of the statewide remuneration.

    No more PTO mandates

    Previously, employers had the option to require employees to use up to two weeks of PTO in place of paid leave time. The new amendment bars employers from mandating PTO use, although it still gives employees the option to do so at their own discretion.

    October amendments

    While the latest amendments don’t offer as many changes as the ones that took effect in June, they do institute a pair of notable updates that aim to speed up the leave application process for people with new children.

    The first change saves employees the trouble of completing multiple applications for leave. With the new rules, the state will automatically process applications for leave insurance after an employee applies for temporary disability. The second update allows employees to submit pregnancy-related temporary disability claims up to 60 days ahead of the actual claim period as long as they know when they’ll expect to start their period of leave.

    Why Family Leave Changes Matter to Business Owners

    As with any legislative changes that affect businesses, the updates to NJFLA and NJFLI mean that business owners in New Jersey need to take precautions to make sure that their company is compliant with the new family leave rules. If your company falls in the 30-employees or more threshold, you’ll need to abide by all the new rules listed above. You’ll also want to update your employee handbook to include these new policies.

    If your company employs fewer than 30 people, you don’t have to follow the same details. However, you can mirror the new family leave laws even if you aren’t legally required to do so. Matching the new family leave rules can serve as a sign of good faith to your current employees – and help you stay competitive with bigger companies that have to honor the new rules. Whether you decide to modify your family leave policy or not, it’s important to document it in your handbook as well. 

    While these new updates only affect business owners in New Jersey, they may serve as a sign of things to come for people in other states. It’s not uncommon for New Jersey to act as a testing ground for legislative changes. As such, other states may mimic similar changes to their Family Medical Leave Act laws in the future.

    Whether it’s family leave or something else, it’s never easy to stay on top of all the legislative changes that can impact your business. At GMS, our team of experts can help you stay compliant with any new rules and regulations while helping your business simplify key HR functions like payroll and risk management. Contact our New Jersey office or one of our other locations today to talk to one of our experts about how we can help you save time and money through professional HR administration.

  • Running a business is difficult enough. Keeping track of the Occupational Safety and Health Administration’s regulations makes your job as an employer even more complicated.

    It’s not uncommon for small business owners to not fully understand the OSHA regulations that apply to their business – after all, there are a lot of them. However, noncompliance with OSHA regulations can not only put your employees in potential danger, but also lead to costly penalties that will set your business back financially. 

    An inspector with an OSHA compliance checklist with requirements for small business owners. 

    Who is Covered Under OSHA?

    The general rule of thumb is that if your business has employees, those employees are likely covered by federal OSHA regulations. There are a few exclusions to this, such as people who are self-employed, public sector employees, and family members who work on a farm. 

    Even with those omissions, the vast majority of businesses must meet OSHA safety and health requirements. However, businesses with 10 or fewer employees are defined as partially exempt by OSHA. This partial exemption means excludes these small business from some key responsibilities.

    Another important note is certain states have their own OSHA-approved health and safety plans. OSHA still monitors these state plans, but the state laws take precedence over federal rules. As such, you’ll need to double check your state’s exact regulations to see if they differ from federal OSHA laws. OSHA includes a map with all the active state health and safety plans and contacts on its website.

    OSHA Requirements for Small Business Owners

    Whether your business is partially exempt or not, OSHA affects your company in several ways. Employers have multiple responsibilities to ensure that their business is compliant with OSHA standards. 

    Provide a workplace free from serious recognized hazards

    The first major OSHA requirement for employers is to conform workplace conditions to applicable OSHA standards. These standards mandate that employers should identify and correct any safety and health hazards present in the workplace. If any hazards can be eliminated or reduced through feasible changes in working conditions, then those changes must be made to comply with OSHA standards.

    These dangers can vary greatly depending on the nature of your business. For example, a construction site may require safety measures such as fall protection, guards on machines, and removal of hazardous waste. Meanwhile, adding ergonomic seating may limit health risks in office environments. For an exact list of regulations, please refer to OSHA Standards – 29 CFR.

    Part of these changes often include ensuring that employees have the proper tools and equipment to complete their jobs safely. You must provide the correct personal protective equipment (PPE), such as gloves, eye protection, and more. Any tools and equipment must be properly maintained. Furthermore, it’s a small business employer’s responsibility to provide safe tools and equipment – employees should not be required to provide their own PPE aside from everyday clothing and items.

    Give employees the information necessary to protect themselves

    Another key OSHA requirement for small business owners is to provide employees freedom in their right to information. As an employer, you are expected to provide your workers with a few different forms of information.

    • On-site OSHA poster
    • Hazardous chemical details
    • Employee training

    On-site OSHA poster

    Every workplace has OSHA poster requirements for small businesses and large businesses alike. Regardless of company size, each business should have an OSHA or state-plan compliant poster on premises. Employers are required to display this poster in a prominent place so that employees can review their rights under OSHA law. An approved OSHA “It’s the Law” workplace poster is available for free online.

    Hazardous chemical details

    Any hazardous chemical containers must be properly labeled. These labels should not only identify the hazardous substance, but also include appropriate warnings. You should also keep Safety Data Sheets (SDSs) for every substance that your employees may encounter. These SDSs must be readily available to workers so that they can review them and learn about the chemicals, their effects, exposure prevention, and emergency treatment.

    Employee training

    OSHA requires employers to train employees about potential dangers and what they can do to stay safe on the job. Per OSHA rules, there are four different topics that should be addressed during employee training procedures.

    • Hazardous substance training. This training should include how to read SDSs and what to do when handling any incidents. 
    • Blood-borne pathogen training. Any employees who may be exposed to blood-borne pathogens during regular duty should be trained about how to deal with blood-borne pathogens in case of an emergency.
    • Emergency situation training. Employees should be trained on what to do in emergency situations, such as how to exit the building. 
    • OSHA inspector training. Employees should be trained on what to do if an OSHA inspector ever visits your workplace.

    Employers must communicate training in a language and vocabulary workers can understand. The method of communication depends on how many employees you have. Businesses with 10 or fewer employees can orally communicate a training plan to meet OSHA standards. Businesses with more than 10 employees must share a written plan that is kept in the workplace and available for employees to review at all times.

    Recordkeeping requirements

    Depending on the size of your business, OSHA may require you to keep records of serious work-related injuries and illnesses. Every accident should be recorded in the OSHA 300 log available online. Employers do not need to record minor injuries that only require first aid. Instead, employers should record the following injuries and illnesses listed by OSHA.

    • Any work-related fatality
    • Any work-related injury or illness that results in loss of consciousness, days away from work, restricted work, or transfer to another job
    • Any work-related injury or illness requiring medical treatment beyond first aid
    • Any work-related diagnosed case of cancer, chronic irreversible diseases, fractured or cracked bones or teeth, and punctured eardrums
    • Special recording for work-related cases involving, needlesticks and sharps injuries, medical removal, hearing loss, and tuberculosis

    It’s also important to note that recordkeeping is another area affected by partial exemption. Businesses with 10 or fewer employees do not need to maintain OSHA injury and illness records unless OSHA or the U.S. Bureau of Labor Statistics specifically instructs them to in writing. Employers in certain low-hazard industries are also exempt from this requirement.

    Reporting requirements

    OSHA is going to want to know about serious accidents or illnesses that occur at your workplace. These reporting requirements change depending on the severity of the issue. To start, employers are required to record any minor accidents and illnesses in the OSHA 300 log within seven days. 

    More serious incidents require added urgency and reporting measures. Workplace accidents that result in at least one death or send three or more employees to the hospital must be reported within eight hours. Meanwhile, employers must report work-related inpatient hospitalizations, amputations, and eye loss within 24 hours. For these types of incidents, you can report to OSHA through the following means:

    Once an incident occurs, you must post OSHA citations either at or near the work area involved. These citations should stay posted for at least three working days or until the violation is corrected (whichever is longer).

    Whistleblower protection

    OSHA will crack down hard on any employers who discriminate against employees who file complaints alleging OSHA violations. The Whistleblower Protection Program disallows employers from taking adverse actions against employees who engage in protected activities. These actions include, but are not limited to:

    • Firings or layoffs
    • Demotions
    • Denial of overtime or promotion
    • Reduction of pay or hours
    • Intimidation or harassment
    • Denial of benefits

    Potential OSHA Violations for Noncompliance

    While there are several different criteria to maintain OSHA small business compliance, not all violations are viewed in the same light. There are four different types of OSHA violations, each of which have distinct penalties.

    • Willful violations. Any violations that OSHA deems were intentionally and knowingly committed by an employer with plain indifference to the law. Penalties for willful violations can range from $5,000 up to $70,000 for each offense.
    • Serious violations. These violations occur when an employer knew, or should have known, about a hazard that would likely lead to death or serious physical harm. Serious violations can lead to penalties of up to $7,000.
    • Other-than-serious violations. These violations are also tied to the safety and health of employees, but the hazard in question probably wouldn’t lead to death or serious physical harm. Other-than-serious violations can result in penalties of up to $7,000.
    • Repeated violations. A business that commits violations that are similar to past offenses are committing repeated violations. OSHA can penalize businesses up to $70,000 for every repeated violation.

    Prevent OSHA Small Business Issues with Proactive Risk Management

    Workplace hazards are a major problem for any small business. Workplace injuries and illnesses can not only impact the wellbeing of your employees, but also cause OSHA to visit your business. Fortunately, there are ways you can mitigate, or even avoid, OSHA  inspections and penalties.

    At GMS, we help business owners take control of workplace safety through proactive risk management. Our team works with you to provide onsite consulting, training, and jobsite inspections to identify potential problem areas and help your small business stay compliant with OSHA regulations. We’re also there to handle key investigations and deal with OSHA on your behalf in case an incident ever does occur.

    Need a partner that can help your small business stay ahead of risks and avoid costly penalties? Contact GMS today about how we can save you time, money, and plenty of headaches by helping you take control of critical HR functions.