All posts by stu

Company Culture, Employee Policies, Engagement, Human Resources, Management, Morale, Performance Improvement Plan, Wellness program

What Drives Workplace Culture in 2024

In 2024, the landscape of workplace culture continues to evolve at a rapid pace, shaped by an interaction between technology advancements, shifting societal norms, and emerging business priorities. Companies are increasingly recognizing the importance of fostering a positive and inclusive workplace culture to attract and retain top talent, drive innovation, and improve overall organizational performance.  In addition to completing the everyday work, companies that focus on the drivers of a strong culture separate themselves from competitors and create loyal, dedicated employees.  Here are the key drivers of workplace culture in 2024:

1. Hybrid Work Models – The hybrid work model, which combines remote and in-office work, remains a dominant force in shaping workplace culture. Employees now expect flexibility in their work arrangements, and companies are investing in technology and infrastructure to support seamless collaboration regardless of location. Hybrid work models require clear communication, trust, and effective management practices to ensure all team members feel included and valued.

2. Employee Well-being – Employee well-being has emerged as a critical component of workplace culture. Organizations are prioritizing mental health, physical health, and work-life balance to create a supportive environment. This includes offering wellness programs, health resources, and promoting a culture of open communication where employees feel comfortable discussing their well-being. Recognizing and addressing burnout and stress is essential to maintaining a healthy and productive workforce.

3. Technology Advancement – Advancements in technology are reshaping how work is done and how employees interact. Tools such as artificial intelligence, automation, and collaboration platforms are enhancing productivity and enabling more efficient workflows. However, it is essential to balance the benefits of technology with the human element, ensuring that technology improves rather than detracts from the employee experience.

4. Continuous Learning and Development – The rapid pace of change in the modern workplace necessitates a focus on continuous learning and development. Companies are investing in training and upskilling programs to help employees stay current with industry trends and develop new skills. A culture that promotes continuous learning not only benefits employees but also ensures that organizations remain competitive and innovative.

5. Purpose-Driven Work – Today, employees seek purpose-driven work that aligns with their values and makes a positive impact on society. Organizations are increasingly focusing on their mission, values and purpose and communicating it with employees.  By integrating purpose into their business strategies, companies can create a sense of meaning and fulfillment for their employees, fostering a more engaged and motivated workforce.

6. Leadership and Management Practices – Effective leadership and management practices are crucial for cultivating a positive workplace culture. Leaders who are empathetic, transparent, and supportive can inspire trust and loyalty among employees. In 2024, there is a growing emphasis on servant leadership, where leaders prioritize the needs of their team members and empower them to succeed.

7. Collaboration and Team Dynamics – Collaboration and team dynamics play a significant role in shaping workplace culture. Creating a collaborative environment where employees share ideas, provide feedback, and work together across departments, towards common goals is essential. Companies are adopting agile methodologies and fostering cross-functional teams to enhance collaboration and drive innovation.

8. Diversity – Diversity continues to be a key driver of workplace culture. Companies are making concerted efforts to recruit from all sources and build diverse teams.  Identifying ways to create inclusive environments leads to employees feeling valued and respected. This may involve implementing training programs, setting measurable goals and creating programs that welcome and encourage diverse perspectives and ideas – and closely linked to the common goals and objectives of the company.

In 2024, workplace culture is being driven by a combination of flexibility, well-being, technology, continuous learning, purpose, effective leadership, diversity and collaboration. Companies that understand and embrace these drivers will create a thriving workplace culture that attracts top talent, fosters advancement and drives long-term success.  The future of work is dynamic and ever-changing, and companies that prioritize and adapt to these cultural drivers will be well-positioned to navigate the challenges and opportunities ahead.

Employee Injury, Risk Management, Safety, Workers Compensation, Workplace Violence

No Work Comp Immunity for Workplace Shooting

Workplace shootings create unique risks to Florida employers. Is a co-worker shooting incident covered by workers’ compensation benefits, or not? A recent case (Bottling Group v. Bastien) has wide implications for Florida employers. The court ruled that an employer cannot deny a workers’ compensation claim on the grounds that a shooting injury is not work-related and then turn around and argue it has immunity from a tort lawsuit because the incident happened at work. The District Court of Appeals upheld the Miami-Dade decision.

What happened?  In 2020, there was a shooting incident near the Pepsi Bottling facility in Medley, Florida, near the Miami Airport.  Two workers had a simmering dispute (allegedly about one employee’s union activity) and left the workplace during a break to settle the dispute with a fight.  Bastien was seriously injured when his “aggressive” co-worker shot him 3 times while he was in his vehicle.  Both workers were on break and the shooting took place on a nearby roadway.  Bastien was seriously injured in the shooting and Pepsi Bottling Group denied his workers’ compensation case because the “injury did not occur in the course or scope of employment – accident/injury occurred off-premises”.   Later, Bastien filed a personal injury (tort) case against PepsiCo and the Bottling Group (for failing to discipline or terminate the aggressive employee despite numerous complaints from coworkers).  Pepsi asked the trial court to dismiss the lawsuit, contending that the company was protected from tort actions by the exclusive remedy of the workers’ comp system.

Lesson for Florida Employers.  The case re-affirms that Florida courts notice the inconsistency of employers/insurers who ask for immunity after already denying a claim as non-work related. Denying work comp benefits to an employee because an accident did not happen in the course of employment means an employer will be unlikely to have an immunity defense to a tort claim.  Making these two assertions are inconsistent grounds. Workplace injuries resulting from non-work actions, such as anger from a personal relationship gone bad, have consistently been deemed to be non-compensable in Florida.  So, if workplace shooting victims are not able to collect workers’ compensation benefits, they will need to file personal injury negligence lawsuits against their employers in order to receive compensation for the injuries.  Workplace shooting victims, involving employees, will still need to prove that it was work related to collect workers’ compensation benefits.

I9 Form, Immigration, OPT, Recruiting, USCIS

What Employers Need to Know about Optional Practical Training (OPT) of Foreign Students

Due to the large number of foreign students that are studying in the United States. Employers need to know about Optional practical training (OPT) and the option for temporarily employing a foreign student once they graduate from a U.S. university if they work in their major area of study. According to USCIC, eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). However, all periods of pre-completion OPT will be deducted from the available period of post-completion OPT. Read more.

  • The OPT is a benefit of a foreign student’s F-1 visa status and not a separate work visa or visa category.
  •  During OPT, the worker remains on their F-1 student visa status and must abide by all F-1 regulations during the OPT.
  • The University remains the sponsor of the OPT student and oversees the employment authorization time period.
  • F1 Students can perform internships (paid and unpaid) during the OPT, and can perform more than one position at the same time. Each employer must employ the student for at least 20 hours per week. 
  • Each employer must also sign and agree to all the reporting requirements on Form I-983.
  • OPT must be used directly after graduation; it cannot be saved for later.
  • A student can not start to work until after they receive their EAD card and reach the start date on the card.
  • Read more good Frequently Asked Questions (FAQs) from a University.

For students with degrees in certain science, technology, engineering and math (STEM) fields, they may apply for a 24-month extension of their post-completion OPT employment authorization, if they: (1) are an F-1 student who received a STEM degree included on the STEM Designated Degree Program List (PDF); (2) are employed by an employer who is enrolled in and is using E-Verify; and (3) received an initial grant of post-completion OPT employment authorization based on your STEM degree. More information, and how students can apply for OPT is available on the USCIS link above.

For employers, here is some USCIS guidance on how to complete the Form 983. Here is some information for STEM OPT employers from NYU. Here is the Form 983 and Instructions booklet.

Americans with Disabilities Act, Commercial Motor Vehicle Driver, Construction, HR Compliance, Opioids, Reasonable Accomodation, Risk Management, Safety

What can Employers Do When Employees are Legally Using Opioids?

Fortunately for employers, the Equal Employment Opportunity Commission (EEOC) has issued technical assistance documents that address issues concerning the employment provisions of the Americans with Disabilities Act, as it relates to the use of opioids by employees. Although not legally binding on the public, there is valuable information for employers and gives the blueprint for removing employees for safety concerns and poor performance.

First, the EEOC reminds employers that individuals who lawfully use opioid medication are protected under the Americans with Disabilities Act (ADA). However, illegal drug use is not a covered disability under the ADA, and employers can fire and take other adverse employment actions against individuals based on the illegal use of opioids, even if the individual does not have performance or safety problems. The EEOC defines “opioids” as prescription drugs such as codeine, morphine, oxycodone, hydrocodone, meperidine, and illegal drugs like heroin. 

Second, if an individual is using opioids legally and isn’t disqualified for the job by federal law (for example, DOT regulations), an employer may be required to provide a reasonable accommodation before firing the employee or rejecting a job applicant based on opioid use. The EEOC defines a reasonable accommodation as “some type of change in the way things are normally done at work, such as a different break or work schedule (e.g., scheduling work around treatment), a change in shift assignment, or a temporary transfer to another position.

What if an employer thinks that the use of opioids by an employee poses a safety risk or causes ineffective job performance? An employer never has to lower production or performance standards, eliminate essential functions (fundamental duties) of a job, pay for work that is not performed, or excuse illegal drug use on the job as a reasonable accommodation. The employer will need to have objective evidence that an employee can’t do the job or poses a significant safety risk, even with a reasonable accommodation. To remove an employee from the job for safety reasons, credible evidence must show that an employee poses a significant risk of substantial harm—an employee can’t be removed because of remote or speculative risks. To make sure that it has enough objective evidence about what an employee can safely and effectively do, the employer might ask an employee to undergo a medical evaluation. If a reasonable accommodation would allow an employee to perform the job safely and effectively, and does not involve significant difficulty or expense, the employer must give it. An employer is not allowed to charge an employee for the accommodation.

The EEOC explains that safety concerns can justify a suspension of duties or other adverse employment action if the risk level rises to a “direct threat,” which means a significant risk of substantial harm to the individual or others that cannot be eliminated or reduced to an acceptable level with reasonable accommodation. The EEOC advises that when determining whether an employee poses a “direct threat,” employers need information that will help them evaluate the level of risk presented by a disability, taking into consideration the following factors:

  • probability that harm will occur;
  • imminence of the potential harm;
  • duration of the risk; and
  • severity of the potential harm.

For more information, check out the guidance for small businesses on the EEOC’s website (https://www.eeoc.gov).

Compensation, Employee benefits, Group Health Insurance, HSA, IRS

2025 HSA and HDHP Limits Announced by IRS

The IRS recently announced the 2025 annual limit on HSA contributions for self-only coverage will be $4,300, a 3.6 percent increase from the $4,150 limit in 2024. For family coverage, the HSA contribution limit will jump to $8,550, up 3 percent from $8,300 in 2024. The IRS has not yet revealed the 2025 catch-up contribution for savers age 55 and older. It currently stands at $1,000 for 2024, unchanged from 2023.

For 2025, a high-deductible health plan (HDHP) must have a deductible of at least $1,650 for self-only coverage, up from $1,600 in 2024, or $3,300 for family coverage, up from $3,200. Annual out-of-pocket expense maximums (deductibles, co-payments and other amounts, but not premiums) cannot exceed $8,300 for self-only coverage in 2025, or $16,600 for family coverage.

Health Savings Accounts (HSAs) are a smart way for employees to save for medical expenses, even in retirement. The experts cite their triple tax benefits: contributions are made pre-tax, the money in the accounts grows tax-free and withdrawals for qualified medical expenses are tax-free.

According to an HSA industry consulting group, HSA assets have risen to $123.3 billion in 2023, up nearly 19 percent. Research performed in 2023, showed that 64 percent of employers offer a high-deductible health plan that is linked with a savings or spending account, like an HSA. Among employers that offer HSAs, 63 percent offer contributions to their employees’ accounts.

Consultstu Team, HR Resources, New Hire

Mary Sbonek, SHRM-CP Joins the Consultstu Team

We are pleased to announce that Mary Sbonek has joined the ConsultStu team. She is a graduate of the University of Michigan Ann Arbor with a Bachelor’s Degree in Psychology. Mary is a proud former member of the Varsity Softball team which included 3 trips to the Women’s College World Series, a National Runner Up run, and 5 Big Ten Championships. She relocated to sunny St. Pete after spending time in Detroit and New York City.

Mary obtained her SHRM-CP certification in 2023 and enjoys helping clients with whatever HR needs they have! Her HR skills include HR Operations & Support, compensation, benchmarking, recruiting and performance management. Outside of work, Mary enjoys staying active, running, rollerblading, playing pickle ball, and spending time on the boat and at the beach.

Welcome to Consultstu Mary!

charity, Company Culture, Military Appreciation, Volunteer

Military Appreciation Month (May) – Honoring Heroes

May is National Military Appreciation Month, a special time to honor the service and sacrifice of military servicemembers. Congress designated May as a month to publicly thank both past and present military members for their contributions and dedication to our country. Military Appreciation Month serves as a reminder to celebrate the patriotic spirit of those who have sacrificed so much for our freedom. During this month, we recognize the contributions, sacrifices, and service of the members of the armed forces, both past and present. There are four (4) significant military anniversaries and events observed in May.

1. Victory in Europe (VE) Day (May 9) commemorates the end of World War II in Europe in 1945. It is the formal acceptance of the Allies of Germany’s unconditional surrender.

2. On May 10, we honored Military Spouse Appreciation Day. The U.S. military recognizes the vital role played by military spouses. It was first recognized by President Reagan.

3. Armed Forces Day (3rd Saturday in May) is a time to honor all branches of the U.S. Armed Forces and their contributions. It was originally established to replace separate days honoring the Army, Navy, Marine Corps and Air Force.

4. Memorial Day (the last Monday in May) is when we pause to remember and honor the service members who gave their lives in defense of our nation. It became an official federal holiday in 1971.

If your company, or employees, want to show appreciation for the military, here are some meaningful ways to express gratitude and appreciation during Military Appreciation Month:

• Attend an Event. Participate in local event, parade, and ceremony that honors military personnel. VA cemeteries will host ceremonies to honor servicemembers who died during their service.

• Donate to Charities: Support organizations that assist veterans, active-duty service members, and their families. Tunnel to Towers (t2t.org) provides mortgage-free homes to Gold Star families and others.

• Send Care Packages. Consider sending care packages to deployed troops with essentials and heartfelt messages. Check with the Florida National Guard, and local charitable groups that support the military.

• Volunteer at a veteran organization or military support group.

• Thank a service member or veteran for their service.

Let’s all take the month of May to appreciate our military and come together as a nation to recognize the profound contributions made by our service members. Let’s honor their bravery, resilience, selfless service, and unwavering commitment to safeguarding our freedom.

Company Culture, Employee benefits, Group Health Insurance, mental health, Wellness program

May is Mental Health Awareness Month

During May, your company can join the national movement to raise awareness about mental health. This month is dedicated to educating the community, reducing stigma, and encouraging those in need to seek help. Mental Health Awareness Month is a reminder of the importance of caring for our mental well-being just as much as we care for our physical health.

Why Mental Health Matters – Mental health is an integral part of our overall health. It affects how we think, feel, and act in our daily lives. It also influences how we handle stress, relate to others, and make decisions. Mental health is important at every stage of life, from childhood and adolescence through adulthood.

Recognizing the Signs – Understanding the signs and symptoms of mental health issues can help us support ourselves and each other. Some common signs include:

  • Persistent sadness or feeling down
  • Withdrawal from friends, family, and activities
  • Significant changes in eating or sleeping habits
  • Irritability or mood swings
  • Difficulty concentrating or making decisions
  • Feelings of hopelessness or worthlessness
  • If you or someone you know is experiencing these symptoms, it’s important to reach out for help. Early intervention can make a significant difference.

Resources and Support – Your company can make a commitment to supporting the mental well-being of employees. Here are some resources that can be offered to employees:

  • Employee Assistance Program (EAP): Your company may have EAP resources through its medical insurance provider.  EAPs provide confidential counseling services and referrals to help an employee navigate personal or work-related challenges.
  • Mental Health Days: Remember, it’s okay to take a day off to focus on your mental health. Your company PTO policy supports taking time for self-care when needed.
  • Wellness Workshops: Throughout May, your company can host events and workshops focused on stress management, mindfulness, and building resilience.
  • Open Conversations:  Employees can reach out for support if they are struggling with mental health.  Break the stigma and talk openly about mental health.

Here are some ways you can contribute to a mentally healthy workplace:

  1. Be Kind: A small act of kindness can make a big difference in someone’s day. Offer support to colleagues who may be having a tough time.
  2. Stay Connected: Reach out to colleagues, especially those who might seem withdrawn. A simple check-in can show you care.
  3. Practice Self-Care: Engage in activities that promote your mental well-being, such as exercise, meditation, and hobbies you enjoy.
  4. Seek Help: If you’re struggling, don’t hesitate to seek professional help. There’s no shame in asking for support.

By fostering a workplace culture that values mental well-being, we can create a healthier, happier, and more productive environment for everyone. Here are some workplace wellness resources from the HHS.gov.

Employee Policies, Employee Rights, FTC, HR Compliance, Non-complete Agreements

Non-compete Agreements to be Banned, Limited Exceptions

In late April, the Federal Trade Commission (“FTC”) issued a controversial new rule that bans all non-compete clauses for every worker nationwide across all industries – with very limited exceptions. The rule, if not stopped by a lawsuit, will take effect on or about September 1, 2024. After the effective date, employers also have an affirmative duty to notify workers (including former employees) that their existing non-compete clauses are no longer in effect. The U.S. Chamber of Commerce opposes the new Rule and has filed suit in the Eastern District of Texas to block it.  Read the complete Federal Register rule.

What is a non-compete agreement? The term “non-compete clause” is defined broadly as any contractual term that prohibits a worker, penalizes a worker for, or functions to prevent a worker from seeking or accepting work with a different person or operating a business, after the conclusion of the worker’s employment with the employer. The Rule does not prohibit other post-employment restrictive covenants, like non-disclosure or non-solicitation clauses.

Who is covered by the Rule? The Rule covers all “workers,” which includes not just employees, but also independent contractors, volunteers, and interns. The definition excludes franchisees in the context of a franchisee-franchisor relationship. The Rule itself does not exempt any specific employers, although some employers (such as certain nonprofit entities) are outside of the FTC’s jurisdiction.

What about Senior Executives? Employers will be able to enforce existing non-compete clauses only with “senior executives,” (as defined in the Rule) and only for those agreements that are in place on the date of the Rule. The only exception is for non-competes made in connection with the sale of a business. Specifically, the Rule does not apply to a non-compete clause “that is entered into by a person pursuant to a bona fide sale of a business entity, of the person’s ownership interest in a business entity, or of all or substantially all of a business entity’s operating assets.”

Although it is not certain that the new rule will survive a legal challenge, all employers should review any existing non-compete agreements and consider revising agreements to focus on trade secrets and non-solicitation protections. More resources about the enforceability of non-compete agreements are located at law firm White & Case’s Resource Center.

Business Expenses, Compensation, Department of Labor, Exempt Employee, Salaried employees

DOL Increases Salary Level for Exempt Employees (coming July 1, 2024)

Last week, the U.S. Department of Labor (DOL) issued its much-anticipated final rule raising the salary threshold for employees to be exempt from federal overtime requirements under the Fair Labor Standards Act (FLSA). The new rule significantly increases the minimum salary requirement for executive, professional, and administrative employees, and the salary change started July 1, 2024. According to the Biden-Harris Administration, the new rule will ensure “fair pay for long hours” for salaried workers. Read the DOL press release. All employers need to review this new rule and its potential impact on employee compensation.

The new rule increases the minimum salary threshold, to $844 per week or $43,888 per year (current level is $638/week) as of July 1, 2024. The next increase, scheduled for January 1, 2025, will raise the threshold to $1,128 per week ($58,656 per year). Going forward, the salary level will automatically increase every three (3) years. The “highly compensated employee” overtime exemption salary threshold will increase from $107,432 to $132,964 on July 1, 2024, and on January 1, 2025, it will bump up to $151,164.

The new rule does not make any changes to the duties tests for the various white-collar or highly compensated employee exemptions, which also must be satisfied for an employee to be properly classified as exempt from overtime. Read more about the DOL duty tests.

The experts predict that the new rule may be blocked or delayed due to legal challenges, so employers should hold off making any immediate changes due to the new rule. This major increase is similar to the changes proposed by the Obama Administration which were successfully blocked in 2016.

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