All posts by stu

Background screening, Compliance, consultstu, Downsizing and Restructuring, Fractional HR, HR Resources, Immigration, Job Description, Outplacement, Publix Immigration Certification

What are the Advantages of Fractional HR Services for Florida Businesses

Fractional HR services offer many advantages for Florida businesses, particularly for small and medium-sized organizations that may not have the resources or need for a full-time Human Resources department. Here are some of the key advantages of fractional HR services:

  1. Cost-effective: Fractional HR services provide businesses with access to HR expertise without the expense of hiring a full-time HR professional. This can significantly reduce costs, especially for businesses operating on a tight budget.
  2. Flexible: Fractional HR services allow businesses to customize the level of HR support they need based on their requirements. It might be a few hours a week, or help on a specific project, fractional HR professionals adapt to the company’s needs and provide support on a part-time basis.
  3. Expertise and experience: Fractional HR professionals are typically highly experienced and specialized in many HR practices. They bring a wealth of knowledge and expertise to their clients, which is beneficial for businesses that lack HR expertise on the staff.
  4. Focus on core business activities: By outsourcing HR functions, businesses can free up their internal resources and focus on their core activities. This leads to increased productivity and efficiency.
  5. Scalable: Fractional HR services can easily scale their support as a business grows. Whether it’s recruiting, onboarding, or policy development, fractional HR professionals can adapt to changing needs and provide support during periods of expansion or restructuring.
  6. Compliance and risk management: HR functions involve compliance with various laws, regulations, and best practices. Fractional HR professionals stay updated with the latest legal requirements and can help businesses navigate complex employment laws, reducing the risk of non-compliance and potential legal issues.
  7. Objective and impartial: External fractional HR professionals bring an objective perspective to HR matters. They are not influenced by internal politics or biases, which can help in resolving conflicts, conducting investigations, or making unbiased decisions.
  8. Experience with HR technology and tools: Fractional HR professionals often have experience with advanced HR technologies, software, and tools that can streamline HR processes and enhance efficiency. They can also review and assess various HR software options to determine what is best for their clients’ needs.

Consultstu provides fractional HR services to Florida small/mid businesses. We offer full HR outsourcing services, as well as background screening, drug-free workplace plans, immigration audits/reviews, recruiting, policy development, job descriptions, HR technology implementations, termination counseling, restructuring plans, investigations, performance enrichment programs, outplacement services and other HR services that help companies grow and succeed.

Accommodation, Compliance, Department of Labor, FMLA, Remote employees, Wage and Hour

Are Remote Employees Covered by FMLA?

The U.S. Department of Labor (DOL) issued a field assistance bulletin (FAB) on February 9, 2023, to clarify the Family and Medical Leave Act’s (FMLA’s) hours-of-service eligibility requirement for teleworkers, as well as the application of the Fair Labor Standards Act (FLSA) to nonexempt remote workers. On the same day, the DOL also explained in an opinion letter the same day that eligible employees with serious health conditions who require reduced work schedules may indefinitely use available FMLA leave.

When a remote employee works from home, the employee’s worksite for FMLA eligibility purposes is the office to which the worker reports or from which assignments are made. So, if 50 employees are employed within 75 miles of the worksite, the employees meet that FMLA eligibility requirement. For employees who do not have a fixed worksite, the worksite should (consistent with the Worker Adjustment and Retraining Notification Act), be the site to which they are assigned as their home base, from which their work is assigned or to which they report.

In Opinion Letter 2023-1-A, issued the same day, the DOL reminded employers that they should consider their legal obligations under the FMLA and the Americans with Disabilities Act (ADA) when considering employees’ requests to work a reduced schedule. Once an employee has used up their 480-hour allotment of hours under FMLA, an employer cannot reject a request for reduced schedule leaves under the FMLA by stating that it must be addressed under the Americans with Disabilities Act. Both FMLA and ADA obligations are triggered when there is a request for reasonable accommodation.


Compensation, Compliance, Department of Labor, FMLA, Holidays

How to Calculate FMLA Leave When a Holiday Falls in a Week

An important part of compliance is to correctly count the number of days that an employee is entitled to take when they qualify for the Family and Medical Leave Act (FMLA). To help employers, the DOL just released an Opinion Letter that gives employers clear guidance on how to calculate FMLA entitlement under the FMLA during a week with a holiday. FMLA2023-2-A

When a holiday falls during a week that an employee is taking a full workweek of FMLA leave, the entire week is counted as FMLA leave. For example, an employee who works Monday through Friday and takes leave for a week that includes the Fourth of July on Tuesday would use one week of leave and not 4/5 of a week.

However, when a holiday falls during a week when an employee is taking less than a full workweek of FMLA leave, the holiday is not counted as FMLA leave unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day. This guidance has been consistent since the first days of the FMLA.

There is a question of whether the employee taking leave during a week that includes a holiday is using a fraction of the employee’s usual workweek (a workweek without a holiday), or if the employee is using a fraction of a reduced workweek (the employee’s usual workweek less one day due to a holiday). A May 2023 DOL FMLA Opinion Letter answers this question.

Under the FMLA, the employee’s normal workweek is the basis of the employee’s leave entitlement. If a holiday occurs during an employee’s workweek, and the employee works for part of the week and uses FMLA leave for part of the week, the holiday does not reduce the amount of the employee’s FMLA leave entitlement unless the employee was required to report for work on the holiday. Therefore, if the employee was not expected or scheduled to work on the holiday, the fraction of the workweek of leave used would be the amount of FMLA leave taken (which would not include the holiday) divided by the total workweek (which would include the holiday). Accordingly, for an employee with a Monday through Friday workweek schedule, in a week with a Friday holiday on which the employee would not normally be required to report if the employee needs FMLA leave only for Wednesday through Friday, the employee would use only 2/5 of a week of FMLA leave because the employee is not required to report for work on the holiday. However, if the same employee needed FMLA leave for Monday through Friday of that week, the employee would use a full week of FMLA leave despite not being required to report to work on the Friday holiday.

Compliance, Department of Labor, Employment Poster, FMLA, Minimum Wage

DOL Updates Minimum Wage and FMLA Posters in April 2023

Employers must take note that the federal government has been busy updating several mandatory workplace posters. In April 2023, two posters were updated. First, the Department of Labor (DOL) released an updated “Minimum Wage” poster to include revised information concerning employees’ rights under the PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers Act). This poster must be updated in order to meet the mandatory Minimum Wage posting requirements and prior versions do not comply. The new FMLA poster can be downloaded here.

Second, for employers with 50 or more employees, the DOL also updated “Your Employee Rights Under the Family and Medical Leave Act” poster. Not much has changed in the poster, but there have been some minor language changes in wording referring to employees and employers such as “may” or “must” in connection with requests for FMLA leave. The poster also includes a QR code that can be scanned to obtain additional information about how to file a complaint with the DOL It is recommended that employers update to the newest version of the FMLA poster, even though prior versions of the FMLA poster (dated April 2016 and February 2013) still meet compliance requirements.

The DOL provides free electronic copies of all the required posters and some posters are available in languages other than English. Posting requirements vary by federal law, meaning that not all employers are covered by each of the DOL’s laws and thus may not be required to post a specific notice. For example, small businesses (under 50 employees) are not covered by the Family and Medical Leave Act and thus would not be subject to the Act’s posting requirements.

Affordable Care Act, Employee benefits, Group Health Insurance, HR Costs, HR software, Wellness program

Open Enrollment Trends in 2023

Here are some general trends that have been observed in recent years that continue to influence Open Enrollments for employers in 2023.

Open Enrollment trends in 2023, it’s advisable to consult industry reports, insurance providers,

  • Increased emphasis on digital enrollment: With the growing reliance on technology, more employers and insurance providers are shifting towards digital platforms for Open Enrollment. This allows for greater convenience, accessibility, and efficiency in the enrollment process. Online systems, like Ease and Employee Navigator, are great tools and may be available at no cost from your benefits broker.
  • Expanded use of online decision support tools: Decision support tools, such as online calculators and plan comparison tools, have become increasingly popular during Open Enrollment. These tools help individuals assess their healthcare needs, compare plan options, and make more informed decisions. Companies like BRI offer resources to clients that can help employees use recommendations to enroll in the benefits that best suit their needs. Other options for small/mid businesses include: Perky Tech and Plansource.
  • Continued rise of consumer-driven health plans: Consumer-driven health plans, such as high-deductible health plans (HDHPs) and health savings accounts (HSAs), have gained traction in recent years. These plans typically offer lower premiums but higher deductibles, giving individuals more control over their healthcare spending. HSA assets grew by 6% in 2022, and look to keep growing.
  • Focus on employee wellness and well-being: Many employers are recognizing the importance of supporting employee wellness and well-being. As a result, they may offer additional benefits and resources related to mental health, stress management, fitness, and preventive care during the Open Enrollment period. Spend some time focusing on benefit plan perks and freebies, such as telemedicine, wellness, rewards and EAP access. For instance, UHC offers UHC Rewards, Rally (app), UHC SimplyEngaged (biometric testing rewards) and Motion (earn money toward HSA for activity).
  • Increased emphasis on transparency and cost-sharing: There has been a push for greater transparency in healthcare costs, with more emphasis on helping individuals understand the cost-sharing components of their health plans. This includes providing clearer information on deductibles, copayments, and coinsurance to enable more informed decision-making.
  • Ongoing changes to regulatory and policy landscape: Healthcare regulations and policies can significantly impact Open Enrollment. Changes in federal or state regulations, such as modifications to the Affordable Care Act (ACA) or new legislation, may influence plan options, coverage requirements, and enrollment deadlines. Individual health plans continued to grow, up 25% from 2020 to 2022 (to over 16 million), due to enhanced government subsidies which will extend through 2025 under the Inflation Reduction Act.

Compliance, E-Verify, I9 Form, Immigration, K1

Does a K1 or Owner Complete an I9 form?

According to USCIS, an employer must complete Form I-9 each time it hires any person to perform labor or services in the United States in return for wages or other remuneration. Remuneration is anything of value given in exchange for labor or services, including food and lodging. The requirement to complete Form I-9 applies to new employees hired in the United States after Nov. 6, 1986.

Form I9 is not completed for the following workers:

  • Independent contractors; or
  • Employee of a contractor providing contract services (such as employee leasing or temporary agencies) to your business (providing labor);

Are Schedule K1 and Owners considered employees? K-1 employees are the co-owners or partners in a business. These employees differ from W-2 and 1099 employees in several ways: (1) Partners annually file Schedule K-1 (Form 1065) to report income, deductions, gains, losses, and other business-relevant transactions from the operation of the business; and (2) Partners normally do not receive a Form W-2. Income reported on a K-1 is not subject to income tax. Partners and shareholders are not considered employees. However, on rare occasions, a partner may receive both non-taxable income to report on a K-1 and taxable income to report on a W-2. In this situation, the partner would receive taxable income and deductions using normal earning and deduction codes in the payroll system, and be considered an employee of the business.

Guidance in the Handbook for Employers M-274, states that someone that is self-employed would not need to complete Form I-9 on their own behalf unless the person is also an employee of a separate business entity, such as a corporation or partnership. In that case, the person and any other employees must complete Form I-9. So, company owners who are also employees of their own company need to complete the form. If a person is a business owner that actively performs services for a partnership or a corporation – both separate entities – and receives payment in return, an I9 form should be completed.

Audits, Compliance, General HR Questions, I9 Form, Immigration, New Hire, Record Keeping, USCIS

Common Form I9 Errors and How to Avoid Them

The Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. It is mandatory for new hires from organizations of all sizes. Here are 14 common errors that can occur when completing Form I-9 and how to avoid them:

  1. Failure to complete all required fields: It’s important to ensure that all sections of the Form I-9 are completed accurately and in their entirety. Double-check that no fields are left blank.
  2. Employee does not sign or date the attestation.
  3. Using an outdated version of the form. USCIS periodically updates the Form I-9, and using an outdated version can lead to errors. To avoid this, always check for the most recent version of the form. Visit the USCIS website to check on the latest version.
  4. Failure to provide the employee’s full legal name. When completing Section 1 of the Form I-9, employees must provide their full legal name, including any middle names or initials. Nicknames or abbreviations should not be used. Use the name identified on official government documents (i.e. driver’s license, social security card …)
  5. Employee does not check the box “I did not use a preparer or translator.”
  6. Incorrectly documenting employment eligibility or expiration dates. In Section 1, employees must indicate their employment eligibility category (e.g., U.S. citizen, lawful permanent resident, etc.) and provide the expiration date of their employment authorization if applicable. Sometimes employees put their date of birth by accident.
  7. Employer using a P.O. Box for an address – it must be a physical address.
  8. Employer does not enter the employee’s last name, first name, middle initial and citizenship/immigration status in the “Employee Info from Section 1” area at the top of Section 2.
  9. Accepting unacceptable documents. Employers must carefully review and accept only acceptable documents for verification purposes. Review each section of List A, List B, and List C for acceptable documents.
  10. Failure to properly complete Section 2 or Section 3 by the employer. Employers must complete Section 2 within three business days of the employee’s first day of work. Ensure that all fields are completed accurately, including the document title, issuing authority, document number, and expiration date.
  11. Improperly retaining or storing completed forms. Employers must retain the completed Form I-9 for each employee for a specific period as per the guidelines provided by USCIS. Documents may be retained as physical copies or in electronic format.
  12. Highlighting marks, hole punches and staples are ok, if they do not interfere with an authorized official’s ability to read the information on the form.
  13. Using abbreviations that are not widely understood.
  14. Information on the I9 form is too messy, not clear and cannot be read.

Read more tips from the US Citizen and Immigration Services. If your organization needs an independent third party I9 audit or immigration review contact Consultstu at (727) 350-0370, or [email protected]. We have completed many independent third-party immigration reviews for companies seeking to become Publix vendors and suppliers.

Company Culture, Compliance, Discrimination, EEOC, Federal Contractors, Harassment, Training

How to Strengthen and Improve Your Harassment Avoidance Program

Harassment prevention is a critical aspect of any workplace culture. In April, the U.S. Equal Employment Opportunity Commission (EEOC) issued a technical assistance document titled “Promising Practices for Preventing Harassment in the Federal Sector,” which provides practical tips for preventing and addressing harassment within the federal civilian workforce. Private sector employers can review the guidance and use it to strengthen and improve their harassment avoidance program.

The “Promising Practices” document provides recommendations in four main areas: 1) leadership and accountability, 2) comprehensive and effective anti-harassment policy, 3) effective and accessible anti-harassment program, and 4) effective anti-harassment training.

  1. Leadership and Accountability: Establish and maintain an effective EEO/Harassment program and demonstrate commitment and accountability from company leaders. Key actions may include: adequate funding for the program, access to neutral staff to assist with investigations, a commitment to complete investigations within 10 days, conducting periodic climate surveys and considering the use of an anonymous concern line for employees.
  2. Comprehensive and effective anti-harassment policy: Have a comprehensive policy that clearly defines harassment, outlines the types of conduct that are prohibited, and provides a reporting mechanism for employees who experience or witness harassment. Key items for your policy include: covering applicants and employees, assure that bullying, intimidation, and stalking are referenced and not be tolerated, being easy to understand (limited legalese), covering social platforms and time limits for concluding investigations.
  3. Effective and accessible anti-harassment program: Make sure all employees understand the policy and know how to report incidents of harassment. Clear reporting and complaint procedures to ensure the company properly respond to harassment allegations. Key actions may include: anonymous methods for reporting, creating a well-documented complaint tracking system, analyzing data for trends and patterns and training employees on the difference between EEO policy and non-harassment policy.
  4. Effective anti-harassment training. Provide regular training to all employees on harassment prevention, including what constitutes harassment, how to report it, and the consequences for engaging in harassing behavior. Offer training to employees as well as supervisors, provide “real life” examples in the training, have a question and answer portion to the training, tailor training to your workforce, and use smaller groups to enhance engagement.

By reviewing the EEOC’s recommendations for federal agencies, your company can learn of ways to create a workplace culture that is safe and respectful for all employees and ensure that your company is taking proactive steps to prevent and address harassment.

Compliance, E-Verify, Hiring, HR Compliance, I9 Form

Florida’s New E-Verify Rule Starts July 1, 2023

Currently, employment verification (I9 form) is required by all employers within 3 days of hire to ensure the employee is authorized to work in the United States. E-Verify, an online tool operated by the U.S. Department of Homeland Security, allows employers to electronically verify employment eligibility after having completed the I-9 form. Currently, E-Verify is mandatory in Florida for public employers, as well as private employers who contract with local and state governments, including public colleges and universities.

On May 10, Florida’s Governor Ron DeSantis signed SB 1718 into law. This new Florida law, effective July 1, 2023, creates a new requirement for all private employers with at least 25 employees to use E-Verify. There will also be an increase in penalties for noncompliance and for those employers who knowingly hire undocumented workers. Here are several takeaways for employers regarding this new law:

  • Private employers with 25 or more employees must utilize E-Verify for employees hired on July 1, 2023 and thereafter. If the records do not match, the e-verify system will notify of a mismatch and an employer must give notice to the employee (no match process). The employee then has 10 days from the mismatch to notify the employer if they have resolved the situation. If there is no resolution, the eligibility to continue employment ceases.  
  • Employers must keep a record of the documentation for at least three years. Employers required to use E-Verify must also certify compliance annually and when making contributions to the state’s unemployment compensation system.
  • Employers that use the E-verify system establish a rebuttable presumption that they have not knowingly employed an unauthorized worker. If the e-verify system is down for more than three days and the employer cannot complete the process in a timely manner, this presumption can be maintained by completing an I-9 form and taking a screenshot each day showing the system was unavailable (and retaining any official notice or communication about the systems being down.

The penalties for noncompliance will take effect July 1, 2024 (one-year delay in enforcement). The Department of Economic Opportunity will give 30 days’ notice to fix any non-compliance. If the business fails to use E-Verify three times within any 24-month period, the DEO will fine $1,000 per day until proper proof of non-compliance is resolved. The first violation puts the business on a one-year probation period. If requirements are not followed, it could result in revoking state-issued licenses.

Background screening, CFPB, Compliance, Fair Credit Reporting Act, Hiring

Time to Update your FCRA Summary of Rights Notice (April 2023)

On March 17, 2023, the Consumer Financial Protection Bureau (CFPB) published an updated version of the publication entitled, “A Summary of Your Rights Under the Fair Credit Reporting Act,” which is also called the “Summary of Consumer Rights.”  The latest version replaces the original version that was published in 2018. There are English and Spanish versions of the Summary available on the CFPB’s website.  Employers and consumer reporting agencies (CRAs) must provide the new summary to applicants and employees to comply with the federal Fair Credit Reporting Act (FCRA). correct contact information for various federal agencies. 

What has changed? The new Summary of Consumer Rights notice makes some minor language changes and also corrects the contact information for several federal agencies. Although these changes are small, the new notice must be provided to employees and applicants during background checks and during the adverse action process to maintain compliance with the FCRA.

What is the deadline to use the new Notice? This new rule went into effect as of April 19, 2023, though there is a grace period for employers and credit reporting agencies until March 20, 2024. It is not necessary to provide the updated notice for anyone who has been given the prior notice.

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