All posts by stu

Company Culture, Craft Beer, Employee Handbook, Employee Policies, HR Compliance, Human Resources

Hops and HR: Does my Craft Brewery Need an Employee Handbook?

In February 2019, Florida had 348 craft breweries.  Seven new breweries opened in February 2019, and there are many, many products to choose from.  Chances are, your craft beer operation is humming along and employees are busy building a great brand and delicious product.  The workplace has great energy, and employees are mostly getting along together.  HR seems to be on autopilot.  However, lately, you have noticed that there have been a few questions about company policy and you are hiring more often.  In the past, you have created a few stand-alone employee notices about important topics (changing shifts, requesting time off, conduct in the tap room, paid time off), but most other policy questions are handled on an “as needed basis.”  Now that you have successfully launched your summer beer offerings (with very positive feedback), is it time to create an Employee Handbook?  You are still a relatively small business, but the brewery employee count is approaching 20 employees.  Given today’s business climate, the experts agree that your craft brewery should create an Employee Handbook, but …  you do not want to douse the entrepreneurial creativity and “chill vibe” at the company.

Consider what Christine Denny, president of First Magnitude Brewing, has to say about managing business growth. First Magnitude started as the shared vision of four friends in Gainesville, and, five years later, the company is running a 20-tap tasting room and beer garden, and producing award-winning brews.  Realizing that it was time to “get everyone on the same page, by providing common guidelines,” Christine entrusted us at ConsultStu with the development of a handbook custom designed for her industry.  “One very important area of consideration for a craft brewery is an alcohol policy,” Christine explains.  “We had to consider our tap room staff, brewers, and sales team when developing a policy that acknowledges the industry we work in while ensuring we operate a very safe and respectful workplace.”  Overall, she reports, the First Magnitude employees appreciated the effort that went into the handbook, as well as the sense of becoming a more established company.  The clear guidelines for operations and staff conduct and behavior create a framework that everyone can work from.  ConsultStu is proud to contribute to the next level of success for this client and for all of our clients.

And now … if your brewing company is ready for the creation of a new Employee Handbook, what policies should be included?   We break the needed policies into two groups: those that protect the business and give you the flexibility to manage; and the policies that employees care about.

Protecting your Craft Brewery (the basics):

  • At will employment – so there are no express or implied contracts of employment and everyone is free to stay or leave, as they wish
  • Equal Employment Opportunity statement.
  • A non-harassment statement that prohibits harassment, explains what it is and how your brewery will handle harassment concerns that are raised by employees
  • Workplace conduct rules, including attendance, to provide employees with specific matters that may lead to corrective counseling, up to an including termination
  • Company communications and guideline when using company phones, computers, internet and when using social media
  • Pay periods; how to record and report hours worked (method) and responsibility to pay overtime
  • 90 day introductory period for new hires to minimize your unemployment costs
  • Mandated leaves under federal and state law, including jury duty and military duty.
  • Workplace violence prevention
  • How to report a workplace injury
  • Lactation accommodation
  • Returning company property

Your employees will want to know about these policies:

  • Pay days
  • Open door and how problems are addressed
  • Proper dress for work
  • Employee benefits – paid time off, insurances, perks, retirement plan, sick days,
  • How performance is evaluated
  • Bonuses and incentive pay
  • What is your story and why should employees care
  • Company values
  • What makes your business unique and amazing

Rather than taking the fun out of your business, your craft brewery employee handbook will actually make life easier for you AND your employees, by establishing a fair, consistent, transparent foundation of mutual expectations and obligations.  It will serve as a helpful resource to employees (answering questions and shaping culture) as well as an important document that establishes your company’s commitment to legal compliance.   At Consultstu, we can provide special project assistance on an hourly basis to develop an effective employee handbook designed for the size and style of your unique business.  Call or email us today!

 

Florida rules, HR Compliance, Payroll, Wage and Hour

Can I Hold a Final Paycheck Until the Return of Company Equipment in Florida?

In Florida, a terminating employee must be paid their final paycheck no later than the next regularly scheduled pay date.  So, if your company pays bi-weekly, an employee leaving employment (either through termination or voluntary quit) must be paid on the next pay date.  So, holding a paycheck is not permissible.  If you are terminating employees in another state, be sure to check the state law because some states require fired employees to get paid on the day of termination.

But, what if the employee has company property that was not returned prior to or at the time of termination?  The last paycheck delivery obligation does not change if the employee has company property.  An employer may cancel direct deposit and ask the employee to come into the office to get their check (which allows for a reminder and creates an ideal opportunity to bring back company property).  However, if the employee does not show up by the date for payment, the employer is obligated to mail out the employee’s check.  To encourage the employee to return company property, I would recommend that you offer them something in return.  Perhaps offer to issue their last paycheck, or their last reimbursement check early?  Come up with your own idea and be creative.

What about recovering the cost of unreturned equipment?   Can you make deductions from their final paycheck?  No simple answer there.  Of course, your company should get all employee to acknowledge receipt of the equipment and agree to return it when asked.  Identify the equipment by serial number and take a picture.  Your equipment issuance form can also have language that the employee is financially responsible for returning it in good condition.  However, it is not a legitimate policy to withhold any paycheck in exchange for unreturned equipment.

We recommend that companies take the following steps:

  • Use property issuance agreements with employees – make clear they must return all items.
  • Assign a specific value to the company property.
  • State that if company property is not returned on time, your company can hold the employee financially responsible for the value of the equipment. However, before making any deductions from the last paycheck, make sure you review the different rules related to hourly and salaried employees.
  • Prepare a written demand for the property (sending certified mail) to ensure that small claims court is an option.
  • Filing a police report for property theft is another option.

If you are giving employees expensive company property to use, and not using a Property Issuance Agreement, contact us today at Consultstu.  We can make sure you are in the strongest possible position to hold employee accountable for your property!

Craft Beer, Fractional HR, HR Costs, HR Resources, Human Resources, Payroll, Start up

Hops and HR: Florida Craft Breweries Have Options

 

Whether your brewery is a start-up, or well-established and growing, how you handle human resources is a key aspect of business success.  Your workforce supports your brand.  Craft breweries are popping up all over Florida, and enjoying great success.  Each brewpub and product has its own unique value proposition and niche to squeeze into the crowded field of existing brewery options.

Of course, great product, unique recipes and a prime location are key elements to success, but don’t overlook another key element of your brewery’s success – a vibrant human resources function.  Not only will your brewing business need to create properly compliant HR processes and administration (the boring but important HR stuff), but HR can help drive small business results by recruiting great talent, building policies that define company culture, and ensuring your business delivers the competitive pay, benefits and perks expected in today’s workforce.  HR counsels with ownership to recommend methods and practices to develop employee effectiveness and respond to changing market conditions.  Florida brewing companies have several options for handling HR.

First, a brewing can outsource everything to an HR outsourcing company, also called professional employer organizations (PEOs). The PEO becomes a co-employer of your employees and handles the basic HR administration, including payroll, new hire processing, employment taxes, workers’ compensation and the offering of employee benefits.  There are many PEO options out there, from large national companies to local businesses.  These companies do a good job with the “nuts and bolts” of HR compliance, but they can be pricy and deliver unwieldly packages of bundled services.  For well-funded small and start-up breweries, this may be a very good option so that ownership is freed up to focus on business operations.  PEO services range in price.  PEO clients are either charged monthly administrative fees per employee/per month or charged a monthly percent of payroll fee.  As an example, let’s say a small 10 employee brewery is paying monthly PEO fees of $800 to $1200 per month (not including initial start-up fee, employee benefits and workers’ compensation costs).  The monthly cost is fixed, regardless of fluctuation in HR activities, and will experience controlled increases as the company grows.

Another option is the “do it yourself” method.   Using this option, your brewery generates and develops its HR processes in house. The DIY approach is preferred by breweries that seek to retain maximum control of internal operations (such as hiring, firing, handling HR paperwork, complying with federal and state employment regulations, managing unemployment, injury and workers’ compensation procedures, etc.).  You also avoid the high costs of “all inclusive” PEO services.  While it is feasible for management to utilize business software such as Quickbooks to handle payroll, perhaps with assistance and oversight from a bookkeeper or financial manager, many companies opt for a slightly modified version of DIY, under which only the payroll function is outsourced.  There are many resources, including online cloud-based systems, to handle just payroll, payroll taxes and employee deductions.  For a 10 employee brewery, you might find payroll services for around $200 per month (depending on payroll cycle), with some additional fees for W2s and quarterly employment tax filings.

A third option is a hybrid between a fully outsourced model and the DIY approach.  Some PEOs modify their “all inclusive” PEO contracts to offer individual services under an Administrative Services Organization (ASO).  The ASO provides a cafeteria-style selection of individual services for human resources, payroll and benefits administration.  Your brewery decides what specific HR tasks to outsource and retains full responsibility for the remaining functions.  For instance, your brewery might select to outsource payroll, benefits administration, and unemployment claims.  Using the ASO model, the HR service provider is not a co-employer of your brewery staff, so the brewery must retain its own payroll account, workers’ compensation policy (and experience MOD), SUTA rate and employment risks for hiring and firing.

The last option features the highest level of customization and flexibility (and is trending with the growth of the freelance community).  DIY focused breweries can purchase fractional HR services to conform to their evolving, periodic, or fluctuating HR needs.  For instance, a start-up or growing DIY brewery may have the basics covered (payroll, admin support, insurance advisors) – but needs help recruiting, or would like to design a company handbook or an on-boarding process to build engagement and strengthen company culture.  An external HR consultant can also step in to handle unplanned HR events with minimal disruption to operations … employee complaint, investigation, discipline meeting, employee injury, terminations, etc.   The level of trust and familiarity can grow by using the same consultant over time, but the beauty is that you only pay for services when you need and use them.  HR consultants range in price and expertise depending on location and services.

As your brewery builds followers and increases sales, consider (or reconsider) the best option for your HR administration.  Successful businesses and breweries take HR beyond the basics.  Old school HR dutifully handles common administrative tasks, follows direction, and maintains the required paperwork and personnel files.   This can be handled by a PEO, ASO or using DIY principles.  However, a craft brewery in 2018 should update its HR mindset.  Strategic HR tools and techniques can strengthen the connection with employees to build your brand.  HR can serve as your “workforce guru,” or Sherpa who delivers creative thinking, changing tactics and strategic recommendations to find and retain amazing talent.

Consultstu advises Florida craft brewers on HR matters and delivers fractional HR expertise for start-up businesses.  Our next blog post will present ten critically important HR issues that Florida brewing companies are facing in 2019.

 

Employee Injury, Human Resources, Work from Home, Workers Compensation

When are “Work from Home” injuries covered by Florida Workers’ Compensation?

More and more employers are permitting employees to work from home, for some or all of their work week.   This raises the potential of home-related injuries being claimed by injured employees under the Florida Workers’ Compensation Act, even though the employer has no control over the home-based office space of the employee.  What are the rules when work from home employees get hurt at home?

A “work from home” workers’ compensation claims adjuster for Sedgwick CMS and The Hartford tripped over her dog while reaching for a coffee cup in her kitchen, injured herself and then filed a work comp claim.  On the day of the accident, she had been working for 3 hours by the time she fell over one of her two dogs.  She sustained knee, hip and shoulder injuries.   Her employer permitted her to work from home, but denied her workers’ compensation claim because it asserted that the injury did not arise out of the employment.  At first, the employee won her claim.

The Florida workers’ comp law states that an employer is responsible for accidents that “arising out of work performed in the course and scope of employment.” (440.02, Definitions)  Did her injury arise out of the employment?  A compensable accident occurs in the scope of employment when it occurs in the period of employment, at a place where the employee would reasonably be and while she fulfills her duties.  In her case. the injury occurred during working hours, in her home where she would reasonably be and her coffee break was a permissible comfort break.  So was it compensable?

No, because the Florida Legislature intended the term “arising out of employment” to requires occupational causation.  The Court reversed the decision of the JCC and stated that the risks that caused the claimant’s accident and injuries must be work-related.  So, an injury is only compensable if the employment necessarily exposed a claimant to conditions that would substantially contribute to the risk of injury and to which the claimant would not normally be exposed during his nonemployment life.  The employment must, in some way, contribute an increased risk of injury peculiar to that employment – otherwise, it did not arise out of employment.

The injuries must flow from the risks related to an employee’s work.  A claim was denied for a person that fainted at work because the claimant could not demonstrate that her physical surroundings on the job in any way contributed to the risk or injury any more than they would have in a non-employment life.   With no “occupational causation”, a claim can not succeed.

In this case, the normal features of the claimant’s “non-employment life” (sleeping dog, kitchen, reaching for a coffee cup) caused the accident and injuries.  Similar at home injuries, such as a light fixture falling, tripping over kid’s toys, poor lighting, slippery floor tile – would all seem to be non-compensable claims.  Florida courts have consistently ruled that workers’ compensation does not allow for the recovery for all injuries occurring in the workplace.  Specifically, Florida does not allow recovery for injuries that arise out of conditions personal to the claimant, which are not caused or aggravated by the work.  Therefore, if an employee is injured while working at home, make sure your accident investigation determines the cause of the injury so it can be properly reported to the insurance carrier.

Company Culture, Construction, Employee Recognition, Engagement, HR Resources, HR software, Human Resources, Retention, Social Media

Keeping a Remote Workforce Connected

How can you improve your company’s employment experience when your employees are not located in a shared centralized environment? Whether your workers are out on construction sites, dispatched on a daily schedule of customer visits, working from home, or staffing client locations, the challenge is the same: how to create a unified and satisfying workplace community, identity, and culture.   Being realistic, the expectation is not to overcome every alienating aspect of remote employment.  But if your goal is to achieve an edge over the other competitors in your industry, this might be all it takes to make a significant difference in employee satisfaction and retention.

One trending way to promote community is to deploy a social intranet platform.   Thanks to innovative web-based applications, this no longer requires a dedicated network, IT staff, and expensive software.  In fact, some products offer a free basic level of service, such as Slack.com.  Since we know that employees use their mobile phones to stay connected with their social networks, your business can use this comfort and create an online place for employees to connect with co-workers and the company.

To experiment with this option, Consultstu has built a mock-up intranet environment for internal testing on Slack, and it seems to offer reasonable functionality without any optional upgrades.   Membership can be configured using  any email address, no need for a shared company email domain.  While Slack is marketed primarily for work project collaboration, we are more interested in its potential for small business social cohesion, creating something similar to a Facebook venue but without intruding or overlapping into your employees’ public social online world.  We named our Slack site “ConsultStu-Breakroom,” because that is the environment being simulated: the socialization that would take place if your workforce gathered every day under the same roof.

We had some fun testing Slack and adding content.

Multiple communications “channels” can be created for various purposes.  This allows for a single channel to be reserved for company communications: open enrollment, meetings, etc.  Other channels can be used to recognize birthdays or anniversaries, post pet photos, organize participation in a local 5K, or find out who has the best chili recipe.

For those who think socialization is something for management to guard against rather than encourage, consider what Alan Kohll has to say in a recent Forbes article: “Employers who support social connections in the workplace and help employees form strong relationships with one another help build a successful workforce.”  There is a natural human craving for connection and recognition, and providing remote workers a platform to build a workplace community is worth your consideration.  Contact us at ConsultStu if you would like to visit our Slack “breakroom.”

 

 

 

HR Compliance, Insurance, Posters, Workers Compensation

New Florida Workers’ Comp Poster in 2019

Yes, recently the Florida Division of Workers’ Compensation released a new version of the Florida Workers’ Compensation poster commonly known as the “broken arm” poster. The newly released version of the “broken arm” poster now includes a URL, in addition to a phone number, for reporting suspected fraud.

Click here for copies of the English poster and Spanish poster. Alternatively, an employer can obtain the new poster from their insurance agent, or by calling their workers’ compensation insurance carrier. The new poster will have a “Revised February 2019” date in the bottom left corner.

If you download your own poster, add a sticker (to the bottom right corner) that contains your current insurance carrier name, address, telephone number, insurance policy number, and the injury reporting hotline, Put the poster in a conspicuous place for all employees to see.

Do you need help keeping up with the changes in Human Resources, safety and risk management? Consultstu offers customized, affordable #FractionalHR services to small to mid-sized businesses. Give us a call at 727-350-0370.

Hiring, Outplacement

Available Talent in the Tampa Bay Area – Purchasing and Materials Management

As an outplacement service to our clients, we would like to highlight the availability of the following employment candidates. Note: we are NOT acting as paid recruiters.

To obtain this resume, contact [email protected] or call 727-350-0370.

LOGISTICS, PURCHASING & MATERIALS MANAGEMENT
Pinellas County Manufacturers: Candidate seeking senior position in the supply chain arena:  logistics, purchasing, materials management, and/or production coordination.  Strong negotiation and leadership talent.   Adept at identifying business opportunities and developing productive relationships.  Master’s degree in International Business Administration.  Employment background includes experience and expertise in financial services.

Compensation, EEO-1 Form, EEOC, Record Keeping

When must the EEO-1 Form be filed in 2019?

In early February, following the federal government shutdown, the Equal Employment Opportunity Commission (EEOC) announced that it extended the deadline for submission of the EEO-1 Report until May 31, 2019. The EEOC pledged to provide additional details and instructions for the 2018 data submission, including the date when the EEO-1 Survey site will open.   The EEO-1 Reporting website now has the details.

The filing of the EEO-1 report is mandatory for employers with more than 100 employees, and federal contractors or subcontractors with more than 50 employees.

While waiting for the reporting site to open, your company can report any changes.  For instance, if your company needs to update their company contact information, send an email to [email protected].

Today, the EEO-1 survey site states that it will officially open for 2018 data on March 18, 2019. Visit the EEO-1 website for general information about the opening of the 2018 EEO-1 survey.  If you need help or have questions, contact us.

Company Culture, General HR Questions, Human Resources, Recruiting, Retention, Self Appraisal

Live Your Company Culture

Walking the talk.  A Deloitte survey showed that 84% of senior leaders thought they were regularly communicating the company’s beliefs and values …  however, only 67% of employees felt that was true.  There was another gap between executives and employees who believed that senior leadership acted in accordance with the company’s core values and beliefs.   Are you living your company culture?

We can debate whether culture drives engagement, or whether a company’s positive communication practices build up its culture … but does it really matter?  Workers who feel valued at work, recognized for their contributions and included on how they fit within the company future will feel connected and engaged.  Genuine and authentic leadership, manageable workloads and competitive pay and benefits cement the connection.

As a small business owner, you constantly juggle several balls in the air while changing hats all day long.  We understand your need for a playbook of simple techniques that demonstrate company culture and encourage engagement.  There are no Jedi mind-tricks being attempted here, and none of these implementations will succeed unless backed up by genuine intent.  Give your employees credit for being able to perceive if there is a big disconnect between your company’s stated values and the actual day-to-day actions of management.  If leaders are hypocrites and self-centered, then the organization will have a culture of employees looking out for themselves.

If your small business is serious about retaining productive employees, strengthening your team and building a great workplace, start with improving your communications.  Here are 10 communications techniques to create meaningful connections with employees.

  1. Write an open letter to employees – define your core values in a letter to employees. Post the letter in the workplace and add to the Employee Handbook.
  2. Link business objectives to your core values and talk about both. If obtaining an important new client is your business objective, connect the new business with your values.  For example, if innovation is a core value, the new big client may allow you company to expand its product line to a new industry or introduce new features to your service offering.
  3. Lead by example – make sure leaders are walking the talk.
  4. Create a company award to recognize employees that live by and communicate your company values. Name the award after an employee who does a great job living company culture.
  5. Hold a regular all-hands employee or town hall meeting to keep employees informed about four things: review financials, review new business/accounts, recognize achievements and general company news. Consider holding at least once or twice a year.
  6. Obtain a company internal communications portal or engagement App (such as Slaak, Staff Connect, the Employee App, etc..).  For remote field employees that do not use a computer, a mobile app is an excellent way to stay connected. Employees can check the App for new & events, connect with co-workers, access training and receive push notifications about company updates.
  7. Use social media to build collaboration and connection with your team and create a powerful platform to build your brand and attract new employees to the company. Document employee events, recognize employees, announce community involvement, and show off new and innovative tools and equipment.
  8. Create new company promotional products (that employees like) and add core values to the products.
  9. Add a core values tab to your company website.
  10. Inject core values to all important HR-related processes. Add interview questions that determine alignment with the core values, include core values in your job descriptions and acknowledge examples of core values in performance evaluation.
Company Culture, Downsizing and Restructuring, Outplacement, Resume

Outplacement Services for Tampa Bay and Central Florida companies

In today’s hot business climate, layoffs are not a common topic.  However, any Florida business should be prepared for organizational changes in the face of increasing competition and rising customer expectations.  Sometimes change causes a layoff or downsizing event.   Tampa Bay area companies can make transitioning easier for their laid-off employees by adding outplacement services as part of a severance package.   The goodwill generated by outplacement programs may also offer some protection from employment lawsuits or unfavorable online company reviews, as well as preserve the company’s brand and reputation in the community.

What are outplacement services?  Outplacement is a service offered by employers (at no cost to the employee) through a third party provider, like Consultstu LLC.  The services are typically offered to help employees impacted by workforce restructuring or layoff.   Outplacement can also be offered to an employee that is unable to successfully grow their role with the company, or meet the changing needs of their position.

Our local, personally delivered outplacement services are available to companies in Tampa, St. Petersburg, Clearwater, Sarasota, Bradenton, Orlando and Lakeland.   Our consultants provide high touch assistance to transitioning employees, especially those that have not searched for work recently. Last year, a medical device manufacturer contracted with Consultstu LLC to offer affordable outplacement services to several employees that were laid off due to a business restructuring.  We received an outstanding Google review due to the positive feedback reported to Human Resources.  We love helping others thrive in transition.  Our services include:

  • Personal Coaching
  • Resume Writing
  • Linkedin profile
  • Elevator speech
  • Company and market research
  • Networking
  • Interview practice

We are results oriented and take steps to track the progress of our clients.  Find out why outplacement services will help laid-off employees find new employment more quickly and navigate the ways of today’s job market.  Let the team at Consultstu LLC share your workload, so you have time for everything else.

To anyone seeking employment opportunities, we welcome you to download our new Professional Resume Questionnaire to help you create a high impact resume!

Need on-going HR support?
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