All posts by stu

300 Log, Affordable Care Act, Background screening, Company Culture, Construction, Employee Handbook, Employment Poster, Form W-4, General HR Questions, Holidays, Human Resources, IRS, OSHA, W4

Ten Step January Checklist for HR Fitness

BRING IT, 2019!   As we resume our normal work schedules, with the holidays behind us and all the local gyms at full capacity, it’s time to apply a little extra New Year’s energy and resolve to our HR practices.  From updating HR forms to adding up injury numbers, here is a ten step HR Fitness Plan to shape up your HR Operations for a compliant, organized, successful 2019:

Step One: Update your Applicant New Hire packet with 2019 forms.

  • Replace W4 with 2019
  • Ensure your DOL Marketplace Exchange form (mandated by ACA) contain current group health insurance renewal information (contribution cost and eligibility) on page 2 of the form.
  • Contact all third-party screening vendors (criminal background, MVR and drug testing) to verify that you are using the latest version of their disclosure and consent forms.

Step Two:  Update workplace postings.  Click here for free posters.

Step Three:  Prepare to distribute W2 forms and ensure forms contain information about the Earned Income Tax Credit (most do, but good to check).  By January 31, 2019, employees need to be provided EITC information from the mandatory IRS Notice 797.  An extra option is to post the notice on employee bulletin board or payroll stuffers. Click here for information, payroll stuffers and posters.

Step Four: Review, finalize and post 2019 Company Holiday schedule for employees (Christmas and New Years are on Wednesdays in 2019).

Step Five:  Complete the last OSHA 300 log entries for employee injuries and illnesses in 2018.  Verify all reported cases are added. Drop any entries that do not meet the criteria for recordable cases.  Prepare the OSHA 300A summary for posting on February 1 through April 30.

Step Six: Review and request new certificates of insurance from subcontractors for 2019 policy renewals. If you have construction subcontractors, register for the Florida Construction Policy tracker database and add new subcontractors to your tracking list.

Step Seven: Count your 2018 employees. Determine if the company had over 50 employees according to the Affordable Care Act (ACA). If so, prepare IRS form 1095-C for delivery to employees by March 4, 2019 (delayed by IRS, read more).  The IRS has not postponed the deadline for filing forms with the IRS, either February 28, 2019 (under 250 employees and paper filing) and April 1, 2019 (if electronically filing).

Step Eight:   Send a copy of the new 2019 W4 form to active employees, as reminder that they should periodically review withholding and can make changes to their federal tax withholding for 2019.

Step Nine:   Ensure effective communication channels by requesting employee updates to address, mobile phone, email and emergency contacts.

Step Ten: Review the Employee Handbook and update as needed.  Does your Handbook contain policies regarding:

  • Workplace Safety?
  • Company Mission and Values?
  • Sexual Harassment?
  • Social Media?

For assistance with any of these HR actions, please contact us here at ConsultStu – we can help you meet your HR goals for 2019!  Click here to download a PDF version of this 2019 Checklist.

Exit Interview, General HR Questions, HR Resources, Human Resources, Retention

Exit Interviews and Why You Should Be Doing Them

A Google search of “exit interviews” will yield no shortage of articles questioning their value … not to mention some hard core detractors advocating that employees refuse to participate in them, such as this blog from tech industry commentator Alex Holderness.  While it is true that the concept of the exit interview carries some unavoidable flaws, the procedure is far from useless!  When performed consistently and competently, and analyzed effectively, exit interview data has the potential to help your business maintain a competitive edge, despite some inherent pitfalls.

The most common dilemma is whether outbound employees are willing to be sufficiently candid.  Notice I did not say “100% candid,” because that really would be getting into rainbow and unicorn territory.  But it is another thing to seek a meaningful degree of veracity, to be trained to interpret subtle diplomacy, and to maintain exit interview data compiled from multiple employees over time.  It is important to maintain the highest possible level of confidentiality, and ideally to implement a third-party filter to maximize the distance between specific interview content and any resulting corrective actions.  If interview reports must be kept on-site, always maintain them separately from personnel files.

Another challenging aspect of exit interviews is the question of objectivity.  On the opposite end of the spectrum from reticent employees are the occasional fearless bridge-burners, who can’t wait to unload – in massive detail – a history of atrocities suffered upon them by a hopeless assembly of incompetent managers, toxic colleagues, devious subordinates, unproductive policies, useless training, and inadequate facilities.  It’s not that their feedback might not contain one or more grains of truth, but how do you distill constructive criticism from a tirade that seems beyond all reasonable frames of reference?  Here it helps to have a skilled interviewer who can maintain a calm demeanor, and press for details to help identify complaints that can be substantiated, while gently exposing possible bias in others.  And of course, if any of the complaints involve potentially criminal accusations, it is essential to properly document any specific claims and perceptions expressed at the time of separation, and to take appropriate investigatory or legal actions.

Overall, the number one valid complaint about exit interviews is that companies don’t do anything about employee feedback.  Unfortunately, this is frequently true … and it explains why many consider them to be useless.  Please don’t be one of those companies!   Take the time to analyze the data on both an individual and compiled basis, and make it a task to validate, correct, and/or mitigate aspects of employee dissatisfaction.  Also consider teaming exit interviews with employee engagement surveys, which will be addressed in a subsequent blog, to maximize your opportunity to keep employees from leaving in the first place!  With wages and hiring trending upward over the past year, 2019 will be a great year to focus on the employment experience your company offers.

Feel free to contact us at ConsultStu LLC for assistance with the exit interview process, or download our Exit Interview form.

 

 

 

Affordable Care Act, Group Health Insurance, IRS

IRS Delays Deadline to Furnish Form 1095-C and 1095-B forms for 2019

On November 30, the IRS announced that it moved back the deadlines for when employers must furnish Forms 1095-C and 1095-B in early 2019. The new deadlines are:

1. Employers with 50 or more full-time employees (including full-time equivalent employees) shall furnish a Form 1095-C to all full-time employees no later than March 4, 2019.

2. Self-insured employers with fewer than 50 or more full-time employees (including full-time equivalent employees) must furnish a Form 1095-B to all responsible individuals by March 4, 2019.

However, the deadline for employers to file all Forms 1094 and 1095 with the IRS remains February 28, 2019 (or April 1, 2019, if filing electronically).  If your company is newly covered by the Affordable Care Act reporting provisions, visit the IRS webpage on the ACA for Employers.

Business Expenses, Employment Poster, Human Resources, Minimum Wage, Posters, Restaurants, Tipped Employees, Wage and Hour

2019 Florida Minimum Wage Increase

Don’t Forget – Workplace Posters Must Be Updated!

On October 24, 2018, the Florida Department of Economic Opportunity announced that the 2019 Florida minimum wage will be increased from $8.25 to $8.46 per hour, effective January 1, 2019. The agency is mandated to calculate a minimum wage rate each year based on the percentage increase in the federal Consumer Price Index for Urban Wage Earners and Clerical Workers in the South Region for the 12-month period prior to September 1, 2018.  For full time minimum-wage employees, this will calculate to an annual wage increase of $436.80.

For restaurant and other hospitality employers who may take up to a $3.02 per hour tip credit against the minimum wage, the new 2019 wage requirement for tip-receiving employees will be $5.44 per hour.

On January 1, 2019, all Florida employers are required to display the state-mandated minimum wage poster in a conspicuous manner for employees.  Update your Florida Minimum Wage Poster for 2019 here and replace your 2018 posters.   (Also available here in Spanish)

 

Hiring, Recruiting

Available Manufacturing Talent in the Tampa Bay Area

FLORIDA EMPLOYERS TAKE NOTE …. AVAILABLE TALENT IN THE MANUFACTURING SECTOR!
October 2018

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 any or all of these resumes:

Contact [email protected] or call 727-350-0370 

OPERATIONS
Hernando, Pasco, or northern Hillsborogh County Manufacturers: Candidate seeking managment level postion in manufacturing: Operations, Quality Systems, Processes, or Documentation. Currently directs day-to-day manufacturing operations for 60,000sq. ft. medical device facility, generating $75M+ in annual production. 20 years of industry experience and a Bachelor’s degree in Accounting.

SUPPLY CHAIN MANAGEMENT
Pinellas County Manufacturers: Candidate seeking senior position in Supply Chain Management. Responsible for leading supply chain from sourcing to shipping. Exceptional leadership skills and a history of meeting and exceeding performance goals. 30 years of hands-on experience directing every facet of warehouse operations: shipping, receiving, inventory control, kitting and order fulfillment.

PRODUCT ENGINEERING
Pinellas and Hillsborough County Manufacturers: Candidate seeking management level position in product engineering. Skilled in product design, development and testing with 15 years of experience and a strong focus on delivering process and assembly qualified designs for manufacturing at highest quality/lowest cost. Holds several Patents and a Master’s degree in Plastics Engineering.

Company Culture, Employee benefits, Employee Policies, Human Resources, Retention, Rewards

Must Love Dogs … or, How to Retain Talent in a Pet Crazy Culture

With unemployment at a 17 year low, employers are reawakening to the need for effective talent retention strategies.  One of the hottest trends in corporate perks recognizes the astounding level of devotion American workers have for their furry, four-legged companions.  No matter what your budget, there are options for your company to offer animal lovers another reason to love their job, and another reason to love YOU, the employer who understands that Mr. McNibbles the Chihuahua or Schnitzel the Miniature Schnauzer is  a member of your employee’s family.

Here are some suggestions for making Fido happy  …  and to encourage your highest producers to stay:

  1. The ultimate gold standard of pet perks is the dog friendly office.  According to a 2016 survey by Banfield Pet Hospital, 82% of employees feel “greater loyalty” to a company that allows pets in the workplace.  Glassdoor, Procter & Gamble, and Amazon are some examples of employers that welcome dogs, and the vacuum company Bissell even has a designated Pet Area equipped with water, toys, and a bathing station.   Granted, this approach is not feasible for many companies, and requires careful consideration of liability issues and other drawbacks.    Not everyone’s precious pooch is capable of professional-caliber behavior, and you may find that not every pet parent is ready to admit it.   Management must be prepared to referee occasional conflicts, and, if you have to reject too many barky, whiny, gassy, or weak-bladdered participants (speaking about the pets here!), it may be the employer who ends up in the dog house.   Less radical options might be an annual participation in “Bring your Dog to Work” day, or, as we do here at ConsultStu,  schedule occasional one-day doggie “office passes” on a special incentive basis.
  2. In-house doggie daycare.  If you have extra space, implementing a modest on-site pet-sitting operation would not require enormous investment, and would eliminate many of the problems associated with allowing pets to roam freely throughout the workplace.   Integrate a bit of communal area for visits, walk breaks, or outdoor lunch seating, and your employees will never want to work anywhere else.   Since it would require some additional staffing to provide supervision and care for the fur-kids, this is most practical for mid-to-larger companies.
  3. Subsidize third party pet-sitting.  Regardless of how much or how little of the cost you plan on covering for employees, negotiating with local providers may result in substantially discounted rates.  In addition to workday pet care,  you might offer employees free kennel-boarding during authorized business travel.
  4. Offer free or discounted pet insurance.  Plans, premiums, and level of coverage varies widely … to begin your research, here is a link to Consumers Advocate’s 10 top pet insurance providers for 2018.
  5. Team with local pet rescue organizations.  Maybe an adoption drive can be set up once or twice a year on your premises, or socialization trainers can regularly bring foster animals on-site to enjoy some interaction and help them become adoption ready.

Whatever your company’s capacity is for extending pet perks, take advantage of this endearing and affordable way to enhance employee satisfaction and loyalty.  Dogs have an innate ability to make people smile, reduce stress, and encourage enthusiasm and optimism.    Find a way to let them be a part of your business success.

This article is endorsed by ConsultStu periodic contributor Pearl H.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HR Compliance, Human Resources, I9 Form, Immigration

Independent 3rd Party to Audit Immigration Compliance for Publix

If your company is pursuing a services agreement with Publix Super Markets, Inc., it will be required to complete an annual certification of its immigration law compliance using a qualified, independent third party; or retain a qualified, independent third party to complete all company employee I-9s on an on-going basis.  If the audit is chosen, it must be completed every 12 months.  The annual certification must be submitted directly to Publix consistent with the time schedule outlined in your Services Agreement.  Publix provides contracting parties with a sample Annual Immigration Law Certification form to use and Consultstu has revised the template for use with our clients.

Due to our extensive experience with human resources practices and I-9 forms, we have served as the independent third-party auditor for several Publix contractors in recent months.  Stuart Charlson has over 25 years of experience with human resources consulting and compliance services for small to mid-sized businesses.

Our audit and review will be conducted at your worksite, and involve a review of the Company’s I9 forms, written immigration-related policies, postings and E-Verify practices (if used).  We provide immediate feedback on your practices and identify any necessary corrections to bring immigration documents and policies into compliance with any and all immigration laws, including the Immigration Reform and Control Act of 1986.  At the end of the audit, we provide your company with the immigration law certification form to submit to Publix.  For more information on this service, contact our office at 727-350-0370.

Affordable Care Act, Business Expenses, Department of Labor, General HR Questions, Group Health Insurance, HR Compliance, HR Costs, Human Resources, Individualized Assessment, New Hire

What’s so funny about the updated ACA Exchange Notice Form?

Guess what was revealed in the latest ACA form update?  The federal government assumes that your business has a full-fledged HR Department.  I doubt this comes as any surprise to our small-to-mid-sized clients!

Earlier this year, the Department of Labor made a minor change to its model Health Insurance Exchange Notices, the ACA Marketplace notices that must be given to new employees within 14 days of hiring.  Don’t worry if you haven’t yet updated to the latest form, because the previous version still conforms to the functional requirements under Regulatory Notice OMB No. 1210-0149.  But to ensure that you stay up to date, click here to download the latest forms:  Updated Notice for Employers Offering Health Plans and the Updated Notice for Employers Who Do Not Offer Coverage.   (MSWord versions available here.)

It took considerable scrutiny to detect anything that had been changed in the updated Notice for Employers Offering Health Plans, but about three-quarters down the page we saw it.  Now, instead of directing employees with additional questions to contact the company’s “HR Department,” the line provides a blank space to fill in a contact.

Isn’t it just a little satisfying to imagine the DOL receiving enough real-world feedback to realize their inaccurate presumption?  We have many clients supporting 20, 50, or even 100-plus employees, and they know the growth struggle is real, and how frustrating it can be:  when your company is large enough to face the burden of ever-increasing regulatory compliance, but not yet at a size to undertake a salaried staff of HR professionals.  These businesses have no in-house HR department to navigate the complexities of DOL, OMB, ACA, OSHA, EEO, FMLA, etc., or to implement beneficial HR functions such as a drugfree workplace, anti-harassment training, safety programs, or I9 audits … not to mention that nobody in the office has enough time to continually monitor federal, state, and local agencies for the release of new forms.

This is the gap we try to fill for Florida businesses.  We specialize in providing as much or as little HR assistance that is appropriate for each one of the clients we support.  We can assist at an hourly rate with special one-time projects, or provide on-going support on a retained basis.  Some clients want us to handle their unemployment claims, OSHA injury logging, or new hire documentation.  Others prefer assistance in establishing their own procedures, policies, documentation and accounts necessary to take care of those functions efficiently on their own.  If fractional HR services sound like a solution your business can use, call or email us today.

 

That face you make when the DOL thinks you must have a dedicated HR department …

Americans with Disabilities Act, Commercial Motor Vehicle Driver, FMCSA, Opioids, Safety

CDL Drivers and Prescription Medication

It’s okay for employees to take medication when properly prescribed by a licensed physician, right?  Yes.  But that doesn’t always mean they can still legally qualify to drive CMVs.  Florida employers should be aware that certain medications can disqualify a CDL driver.  And trust us on this …  the best time to find out that one of your drivers has become medically unqualified to drive is BEFORE they have an accident!

While we all know that drivers can’t take illegal or unprescribed controlled substances, navigating the implications of legitimate medical conditions and medications can be tricky.  First of all, learn which medications disqualify a CMV driver.  Any anti-seizure medication used for the prevention of seizures is disqualifying.  Methadone is also an automatic deal-breaker.

Many more prescription medications, as identified in 21 CFR 1308.11 (391.42(b)(12), or any other substance such as amphetamine, a narcotic, or any other habit-forming drug, are considered “by default” medically unqualifying.   However, if the prescribing doctor will issue a written opinion that the patient can safely conduct commercial driving while taking the medication, the Medical Examiner may (but is not compelled) to certify the driver.  The Medical Examiner is entrusted with considerable leeway in case-by-case evaluations, and other actions available to them include issuing a temporary suspension of a medical certificate, or, qualifying a driver but shortening the expiration period down from the standard 24 months in order to monitor an on-going health concern.

No matter when a medical certificate is set to expire, if any new diagnosis occurs that creates a physical or mental impairment of normal duties (whether such impairment is attributable to the disease or required medication), the driver may be considered unqualified to drive until a new examination and re-certification is completed.

Construction, Fall Protection, OSHA, Safety

Two Florida Contractors Hit with Big OSHA Fines

In the last 2 weeks, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued big citations against two Florida contractors.  On August 29, OSHA cited Coastal Roofing Inc. for exposing employees to fall and other hazards at a St. Johns, Florida, worksite. The Jacksonville-based roofing company faces $105,283 in proposed penalties.  OSHA investigated the company as part of its Regional Emphasis Program on Falls in Construction. and Coastal Roofing was cited for (1) failing to ensure employees utilized a fall protection system; (2) failing to ensure employees utilized eye protection; and (3) not extending a portable ladder 3 feet above the roof landing.

Two weeks earlier, G&H Underground Construction was cited $57,738 after an employee received a severe laceration to his neck when his concrete saw kicked back while cutting concrete pipe.  OSHA’s St. Augustine cited the construction company for failing to provide eye and face protection, failing to train employees on operating equipment, and not inspecting equipment for damages and defects.

Is your company prepared for an unexpected accident, employee injury or OSHA visit to your construction site?  Today, fall protection is a huge focus for OSHA and every contractor must know and adhere to the safety regulations affecting employees working at heights.  Workers who work six feet or more above lower levels are at risk for serious injury or death from falls, and the OSHA construction standards require that fall protection must be used.  OSHA has additional standards for scaffolding, use of ladders and working in aerial lifts and scissor lifts.  Read more about OSHA’s fall prevention campaign, including training materials and fact sheets.

What is the six-foot rule in construction?  OSHA Subpart M requires the use of fall protection when construction workers are working at heights of 6 feet or greater above a lower level. However, it also applies at heights of less than 6 feet when working near dangerous equipment, for example, working over machinery with open drive belts, pulleys or gears or open vats of degreasing agents or acids. Click here for the Fall Protection in Construction booklet.

Need on-going HR support?
We have affordable HR retainers that offer a unique alternative to full HR outsourcing or the hiring of a full time HR employee. We design unique solutions to match your business strategy and budget. We have a proven track record of helping companies from many industries. We listen and probe to understand your needs and goals, before we offer recommendations and realistic solutions.
Contact Us Now