All posts by stu

Construction, Employee Policies, OSHA, Safety

Hot Summers and Contractor Heat Illness Prevention plans

Florida construction is booming – and thousands of construction workers are working under the scorching summer sun.  Florida heat can be intense and dangerous. Forty (40) percent of heat-related deaths happen in construction.  With the quick rise in construction employment, there are many new workers who may not be used to working under the Florida sun.   Contractors should recognize that it takes time for new employees (and especially those with weight and medical conditions) to acclimate to working under the Florida summer sun.  To educate contractors, OSHA has created some great resources for your company on how to create a Heat Illness Prevention Plan.  Employers are responsible to educate workers on the dangers of working in high heat and implement actions that control the risks.   Construction related employers have learned how to protect workers from heat. It comes down to three keywords – Water. Rest. Shade.

  • Heat illnesses can affect anyone, regardless of age or physical condition.
  • Employers are responsible to protect workers: Under OSHA regulations, employers are responsible for protecting workers from extreme heat. An employer with workers exposed to high temperatures should establish a complete heat illness prevention program.  Read heat index guide for employers.
  • Provide workers with water, rest and shade.
  • Adjust work practices.  Allow new or returning workers to gradually increase workloads and take more frequent breaks as they acclimatize, or build a tolerance for working in the heat.
  • Plan for emergencies and train workers on prevention.
  • Monitor workers for the symptoms of heat-related illness in yourself and others during hot weather. Plan for an emergency, learn first aid and know what to do — acting quickly saves lives.

Read more about heat stress from the University of Florida – IFAS Extension.  If your company needs assistance with setting up a heat illness prevention plan, just give us a call.

Compensation, HR Resources, Human Resources, Social Security card

Your Online Social Security Account: Claim It or Block It!

Did you know that the Social Security Administration offers online accounts that allow the public to view and track all that information that we used to receive once a year via a paper Social Security Statement that was delivered to our mailbox?  The service is called “My Social Security,” and it can be a useful resource for retirement planning, income and contribution verification, benefits management, and identity protection.

One good reason to sign up for your “My Social Security” account is to prevent anyone else from trying to claim an account associated with your social security number.  When you apply, you will have to validate your identity by answering questions generated from your history of legal transactions and credit relationships.  Upon successful identity testing, you will receive an activation code to create your online account.  For those of us who can’t remember what they ate for lunch, much less an old address or mortgage lender you haven’t used since the late 90’s …  don’t worry, an account may also be opened by visiting your local SSA office in person.

Once an account is activated, people who are not yet collecting any benefits can keep track of earnings and track their estimated future retirement, disability, or survivor benefits.  The Social Security Administration recommends that contributors review their posted earning once a year and verify for accuracy.   When planning for retirement, keep in mind that the projected benefits are only estimates, based on future earnings continuing at the same rate as the last reported year, adjusted for average wage growth.  The less stable your career path, and the earlier you start tracking your earnings history, the more fluctuation you should anticipate.

Once you become eligible for benefits, your actual payment amount will be calculated on your top 35 years of earnings.  The amounts of money you earned in previous years are indexed for inflation so that they can be effectively ranked along with your most recent earnings.  Checking in once a year will help you formulate an increasingly accurate projection as you advance toward retirement age.

If you are already collecting benefits or have Medicare, you can use “My Social Security” to perform several administrative functions, such as accessing tax forms, updating address and phone numbers, managing direct deposit of payments, or request a replacement Medicare or Social Security card.   Avoiding a trip to the local Social Security Administration office in person is a time-and-hassle saver we can all appreciate.

But what if,  for whatever reason …  you simply do NOT want to conduct any online business with the Social Security Administration?  The best approach is to proactively BLOCK access to My Social Security.  This is similar to putting a freeze on your credit reporting, and will ensure that nobody can come along without your knowledge to activate your account fraudulently.  Blocking is especially recommended in cases of domestic violence or during times of contentious family conflict or divorce, because family members with intimate knowledge of your life and history are much more likely to be able to pass the self-identification testing than a stranger.   You can always remove the block later on, if you decide to participate in online account management.  So … if you have not already signed up for My Social Security, now is the time to make a choice about the online account waiting for you.  Either claim it or block it!

 

Company Culture, Hiring, Recruiting, Social Media

6 Steps to Kick Start Social Media Recruiting at your Small Business

We all know that the Florida economy is steaming ahead and your best candidates are definitely working for another employer. How can you recruit them? The good news is that when there’s a job you need to fill, it’s likely the right candidate is on social media right now. Even if they are not looking for a new job, your social media activity might interest them in your opening. If your company does not use social media, you are likely missing out on some fantastic job candidates – regardless of industry. So, it’s time to double down on your efforts, think creatively and take action to attract and retain employees on relevant social media platforms. It’s a great way to engage with candidates and to show off your company culture. It was reported somewhere that more than half of resumes originate from social referrals. So, here are 6 steps to start using social media recruiting at your small business.

Step 1 – Google your business (and key employees). What comes up? When people are looking for new jobs they will likely investigate your company before submitting an application or resume. Check out your online footprint and encourage your key employees to have a current and professional LinkedIn profile.

Step 2 – Get your company online.  It is critical to create and maintain up-to-date company profiles on the Big 5 platforms for online recruiting: Facebook, Twitter, LinkedIn, Instagram and Google+. Occasionally post an interesting article, press release, employee news or a company picture. A great profile for your company is essential as well as this is your “face” to potential candidates. Show your company culture through the information you chose to post. LinkedIn uses your description text to help people find you and Google uses text from LinkedIn pages to decide where they’ll show in search results. Fill out your description fully, using keywords so your company can get found on LinkedIn. Don’t forget images for your LinkedIn page.

Step 3 – Build your online reputation. For instance, if your company uses Indeed, the largest job posting aggregator, for job postings – check out your Company’s Indeed comments. Seek to obtain online feedback, reviews and comments from customers, employees and applicants. Places like Google, Yelp, Bing, Angie’s List can be excellent locations for driving attention to your website. Regularly ask for customer ratings and feedback.

Step 4 – Post your openings and get your employees involved. When you post your positions on various social media sites, direct them to your website or the official job listings. Encourage employees to share cool company content in order to showcase why your company is a good place to work. For instance, are you starting a new project, landed a new client, announcing a cool employee reward or incentive, fun employee outing? Also, ask employees to share your new job openings with their friends and connections. Connect your referral incentive program so that social media referrals also qualify for the referral bonus.

Step 5 – Locate, reach out and connect with potential candidates using Linkedin. Use filtering to identify qualified candidates and then send a personal message to the candidate and mention a factoid from their profile that interested you, and why they might be a good fit for your company. Check and see if they have their “I’m interested” in recruitment flag on their profile. If not interested right away, always ask if they know someone that might be a good fit for the position. Keep building your connections and rapport.

Step 6 – Use hashtags across social media. Well written hashtags will help qualified candidates find your messaging. Develop a recruiting or job opening hashtag. For instance – #job, #jobs, #jobsearch, #careers or #jobopening. Or use specific career hashtags such as #engineers #craneoperator #projectmanager #cpas. Then add a location hashtag #tampa #stpete #orlando. For example: add the following: #jobopening #juniorengineer #tampa

Send us your small business social media success stories to [email protected] or other suggested techniques for using social media to recruit effectively.

Drug and Alcohol, Drug Free Workplace, Medical Marijuana

How will your drug testing lab handle medical marijuana results?

Now that medical marijuana is legal in Florida, there is a good chance that your company will have an applicant or employee test positive for marijuana, and then present proof that they have a valid registration with the Office of Medical Marijuana. Is that drug test reported as positive or negative by your testing lab?  I was curious, so I contacted our Medical Review Officer (MRO) and third-party testing company to find out their protocol. Here is what we learned.

Although marijuana is legal for qualified Floridians, marijuana is still illegal under federal law. As a result, our testing lab will continue to process a positive marijuana drug test as a “Fail” for a positive finding. However, our drug testing vendor stated that the MRO has the ability to collect and notate information about any medical prescription (or the marijuana registry). The results collectively will go to the company and each employer can make their own decision on how to navigate the state/federal discrepancy.

As we watch and wait for the issue of state-approved medical marijuana to play out in future court challenges, check with your drug testing lab today to see how your lab will handle this special situation.  Florida Statute 381.986 has thus far supported the right of employers to treat a positive marijuana test as a violation of your drug-free workplace.   Employers are not required to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana, nor do the new laws “create a cause of action against an employer for wrongful discharge or discrimination.”  Click here to read the entire statute and continue to follow our ConsultStu blog page for any updates.

EEOC, Harassment, Investigations

Who’s telling the Truth in “He said, She said” Harassment Complaints

In many harassment complaint cases, there are no witnesses and an investigator is left with the statements of harassment from the complainant and the denial from the alleged harasser. When there are conflicting versions of events, an investigator must review relevant factors to help determine who may be telling the truth. It is important for an investigator to make a conclusion about the allegations and decide whether there was a violation of the company’s harassment policy occurred and recommend corrective action to address the violation and/or prevent violations in the future. Fortunately, the Equal Employment Opportunity Commission (EEOC) provides several factors that can be used by investigators to assess the credibility of employees (or others) involved in a complaint or grievance.  It is important to remember that the investigation is trying to determine the facts by a preponderance of the evidence (more likely than not), and not beyond a reasonable doubt.  If the primary evidence is the testimony of the victim (no witnesses), and the alleged harasser denies the allegations – the investigator can ensure that he/she fairly and independently reviews the complaint and respects the right of the harasser to be confronted with the allegations.  Examine the following factors, while at the same time look for signs that a witness may be lying, exaggerating or being deceptive.

Evaluating Credibility

  • Inherent plausibility: Is the testimony believable on its face? Does it make sense?
  • Demeanor: Does the person seem to be telling the truth or lying?
  • Motive to falsify: Does the person have a reason to lie?
  • Corroboration: Is there witness testimony (such as testimony by eye-witnesses, people who saw the person soon after the alleged incidents, or people who discussed the incidents with him or her at around the time that they occurred) or physical evidence (such as written documentation) that corroborates the party’s testimony?
  • Past record: Does the alleged harasser have a history of similar behavior in the past?

None of the above factors are determinative as to credibility. For example, the fact that there are no eye-witnesses to the alleged harassment by no means necessarily defeats the complainant’s credibility, since harassment often occurs behind closed doors. Furthermore, the fact that the alleged harasser engaged in similar behavior in the past does not necessarily mean that he or she did so again. EEOC Guidance.

Interview, not Interrogation

Your investigation should involve interviews, not interrogations.  Interviews are taken with willing witnesses, who are prepared to tell you what they know.  For reluctant witnesses, build rapport by (1) asking general open-ended questions; (2) explaining the advantages of cooperation; (3) outlining necessity to cooperate; (4) empathizing and be non-judgmental; and (5) let them explain their side of the story.

How to Spot Deception (American Psychological Association)

  • Encourage interviewees to talk while an interviewer slowly reveals evidence.
  • Consider initially withholding some evidence until later in the interview, to give the person a chance to either not answer, or blatantly lie about something.
  • Encourage a witness to say more during their interviews.
  • Ask a witness to tell their story in reverse order.
  • Ask unexpected questions in the interview – surprise questions can leave them floundering for a response or contradicting themselves.
  • A liar may use more single-syllable words, repeat particular words or use words that convey uncertainty, such as “might” instead of “will.” (Read more)

Misconceptions about Lying (Not necessarily signs of Lying)

  • Crossing arms
  • Lack eye contact, looking away, shifting eyes
  • Movement (fidgeting, scratching, picking hands, tapping foot)
  • Sweating or nervousness
  • Ums, ahhs – filling pauses

Clues to Spot Liars: an ABA article offered ways to spot liars (from Cynthia R. Cohen, Ph.D)

  • Affect (change in demeanor) differs than normal baseline
  • Smiles inconsistent with emotion; micro expressions revealing inappropriate emotions
  • Outward signs of fear or guilt – such as higher pitch, faster/louder speech, speech errors, indirect
    speech
  • Gesture slips (e.g., shoulder shrugs)
  • Shifting eyes if linked to other signs
  • Length of answers, details
  • Can’t tell the story backward
Child labor, Construction, Department of Labor, Employment Poster, Posters

Can a 17 year old work at a construction site?

With the shortage of construction labor (skilled and unskilled) in Florida and the beginning of the summer, construction employers are looking at any and all available labor sources. Is your company looking to hire a high schooler this summer?  Before your construction company hires a 16 or 17-year-old to work, make sure your company reviews the Florida child labor rules and federal restrictions because there are several hazardous occupations that cannot be performed by a minor. Here is a quick review of what construction companies need to know about child labor for the summer (school is out).

  1. No work permit is required n Florida.
  2. School is not in session so there is no limit on the number of hours a 17-year-old can work per day.  However, no more than 6 consecutive days in any one week.
  3. Minors must be given a 30-minute uninterrupted break every 4 hours.
  4. If under 18 years old, a minor may not do the following hazardous activities:
    • operating a motor vehicle;
    • working on scaffolding, roofs or ladders above 6 feet
    • demolition or excavation work
    • operating a circular saw or band saw
    • working with compressed gasses exceeding 40 p.s.i.
    • working around toxic substances, corrosives or pesticides
    • working with electrical apparatus or wiring
    • Operating earthmoving equipment, forklifts or any moving machinery

What if the child labor regulations are violated? Under the Fair Labor Standards Act (FLSA) the penalties for violating a child labor restriction is subject to a penalty of $11,000 per violation.  Under Florida law, a violation is subject to a fine of $2,500 per offense and/or be guilty of a second-degree misdemeanor.  In addition, if an injured minor is employed in violation of any provision of the child labor laws, an employer is subject to up to double the compensation otherwise payable under Florida’s workers’ compensation law.  If minors are employed, an employer must also post the federal and Florida child labor poster in a conspicuous place on the property, or place of employment, where it may be easily read.

Bonuses, Compensation, FMLA, Leave of Absence, Payroll

Equivalent Job Restoration and Bonuses for Employees taking FMLA

When an employee returns from FMLA leave, he or she must be restored to the same job that the employee held when the leave began or to an “equivalent job.” The employee is not guaranteed the actual job he or she held prior to the leave. An “equivalent job” means a job that is virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions (including shift and location).

Equivalent pay includes the same or equivalent pay premiums, and the same opportunity for overtime premium pay as the job held prior to FMLA leave. An employee is entitled to any unconditional pay increases that occurred while he or she was on FMLA leave, such as cost of living increases. In addition, an employer must give pay increases conditioned upon seniority or length of service if employees taking the same type of leave (i.e., paid or unpaid leave) for non-FMLA reasons receive the increases.

Equivalent pay also includes any unconditional bonuses or payments. If a bonus is conditioned on achieving a specified goal, such as hours worked or products sold, and the employee does not meet the goal due to FMLA leave, payment of the bonus is not required unless the employer pays it to employees taking the same type of leave for a non-FMLA reason. If the employer pays the bonus to such employees taking leave for a non-FMLA reason, it must also pay the bonus to an employee taking FMLA leave. So, when an employee is substituting PTO or sick leave during FMLA, the employee would likely be eligible for bonuses, but when the employee is in an unpaid status, he/she is usually not eligible.  Review company policies and practices to determine your specific situation.

Download the Employer’s Guide to FMLA for more answers from the DOL to common situations.

Hiring, I9 Form, Immigration, IRS, Social Security card

Can employers accept an ITIN card?

What is an ITIN Number?

An ITIN is a nine-digit number issued by the U.S. Internal Revenue Service (IRS) to individuals who are required for U.S. federal tax purposes to have a U.S. taxpayer identification number but who do not have and are not eligible to get a social security number (SSN).  The ITIN is a tax processing number issued by the Internal Revenue Service (IRS) to ensure that people – including unauthorized immigrants – pay taxes even if they do not have a Social Security number and regardless of their immigration status. Fact Sheet about ITINs.

Can a Person Get Hired with an ITIN card?

ITIN is for federal tax reporting only and is not intended to serve any other purpose.  An ITIN does not authorize work in the U.S. or provide eligibility for Social Security benefits or the Earned Income Tax Credit.  ITINs are not valid identification outside the tax system.  The ITIN card is not a valid document listed on either List A or List B of the Form I9.

What is the IRS Guidance on ITINs?

Do not accept an ITIN in place of an SSN for employee identification or for work. An ITIN is only available to resident and nonresident aliens who are not eligible for U.S. employment and need identification for other tax purposes. You can identify an ITIN because it is a 9-digit number, beginning with the number “9” and is formatted like an SSN (NNN-NN-NNN). Note: An individual with an ITIN who later becomes eligible to work in the United States must obtain an SSN.  Click here for more IRS info.

 

Company Culture, Job Description, Job Post, Recruiting

3 Steps to Write Irresistible Job Postings

You have 2-3 seconds to attract an eyeball to your open position.  Your first chance to make a big impression and begin the engagement process is with your job posting. It’s your initial contact with a job seeker, so don’t waste it. Here are some tips and recommendations for taking your regular effort up a notch.

Nail the Title
Take some time to pick a title that can catch the eye of the best candidates. A title is what everyone sees first – so use parts of the exact job title but consider adding some additional descriptive words. For instance – “Equipment Operator with Fast Growing Contractor.” The average job seeker is spending seconds scanning jobs titles to determine if they will click your job link. Hook them with the extras. Here are some recent examples: “Picasso of Plumbers Adding to Our Team” or “Construction Superintendent for Industry Leader”. Sounds better than “Data Entry” or “Experienced HVAC Technician.” Be creative, emphasizing the positives and use it to brand your company’s experience. Stop the boring and stand out from the crowd.

Brand your Company
Start out with the reason(s) a candidate should be interested in your company. Develop a short, crisp company description and image that expresses who you are as a company and an employee experience. This brands your job posting and sets the expectations for new applicants. Here are some things you can mention about your company: specialties, growth-oriented or established, great benefits or wages, flexible, training, type of clients, location, recognition in the area, etc…  What type of information is going to get your industry professionals interested?

Inject Meaning into the Job

Once they click the job title and see a little about your fantastic company, you will need to describe a little about the job and its responsibilities.  Instead of giving a micro-detailed list of all tasks and needed skills, consider an overview of the key points and spend a few lines explaining the importance of the job to your clients and/or the meaning behind its existence.  Everybody wants to feel that they are contributing directly to the company’s success.  How will the position do that? For example, if you build assisted living facilities mention some feedback from a resident that is loving their new facility because it improves the quality of their life.  If you manufacture medical devices, connect employee efforts to the end users and extending their lives, or improving the quality of life.  No matter what the job, connect it to the meaning of your company’s mission.

Follow these three (3) simple steps and see improved results right away.  What are you waiting for?

Compensation, Form W-4, IRS, Payroll, Record Keeping, Taxes

2018 Tax Withholding Checkup for Employees

As you may know, major changes to federal tax law took place last year!   Based on the Tax Cuts and Jobs Act, updates were automatically applied to your payroll system’s wage withholding calculations.   To help taxpayers ensure that their 2018 withholding amounts are accurate, the Department of the Treasury has launched a new tax withholding calculator service available on the IRS website.

If you have a single income source and a standard (or relatively straightforward) deduction scenario, your new withholding amounts are probably okay, nevertheless, it will be to your advantage to take a few minutes and ensure the government is not withholding too little, or too much, of your 2018 wages.

The more complex your tax returns, the more likely that your new withholding amount needs to be verified.  If any of the following conditions apply to you or your household, then you are STRONGLY urged to visit the new IRS withholding calculator, and, if indicated, change your withholding amount by filling out a new (2018 revised) W-4 form:

  • You are a two-income family
  • You have two or more jobs at the same time or only work part of the year
  • You claim credits like the child tax credit
  • You have dependents age 17 or older
  • You itemized deductions in 2017
  • You have high income or a complex tax return
  • You have a large tax refund or tax bill for 2017

To use the IRS calculator, you will need your pay stub and 2017 tax return info.  Plan to spend about 5-10 minutes, and be assured that you will not be asked to submit any personally-identifiable information, nor is any data you enter into the calculator saved or recorded.

While it goes without saying that nobody wants the pain of having to write a big check next April, keep in mind that excess withholding is not a financially savvy move either.   The IRS will not pay you any interest for letting them hold your extra money all year, nor will it be available to you for emergency expenses or to pay down credit card balances.

Even in the absence of any legislative shake up, income withholding should be reviewed periodically to reflect changes in marital status, household size,  income level, deduction qualifications, and other circumstances.   Don’t forget, you are permitted to revise your W-4 at any time during the year, and as frequently as you need to, so take this opportunity to give your withholding a check-up!

 

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