All posts by stu

Employee Policies, Human Resources, Management, Performance Improvement Plan

Phrases to Improve Employees with Attitude Problems

We often talk to clients who have an employee who has started to demonstrate a poor attitude at work (non-cooperative, lack of communication, negative comments, etc…) at work. Can these employees be saved? When addressing an employee’s attitude problem in a performance review, it’s important to provide constructive feedback that focuses on specific behaviors and offers guidance for improvement. Trying to address problem employees requires careful language and an emphasis on believing in their potential for improvement. Here are some performance review phrases that can help address performance problems and attitude issues while maintaining a professional and supportive tone:

  • Problematic Communications – “I’ve observed instances where your communication style has come across as negative and dismissive. It’s important to work on conveying your ideas and feedback more respectfully and openly. It will encourage better communication and collaboration.”
  • Impacting Others – “It’s important to be aware of how your words and actions impact others and it can greatly improve team dynamics. Please work on being more attuned to your colleagues’ needs and the impact of your actions and words.”
  • Adaptability – “During challenging situations, maintaining a flexible attitude is key. I’d like to see you respond to changes and challenges with a more adaptable and solution-oriented approach.”
  • Managing Conflict – “Strive to handle disagreements in a more diplomatic and calm manner, seeking common ground and understanding. Focus on resolving disagreements with a cooperative and solutions-oriented mindset.”
  • Customer Service Oriented – “In customer interactions, a positive attitude is essential. I encourage yiou to work on delivering exceptional service by projecting a more approachable and helpful demeanor.”
  • Being Team Oriented – “Your attitude and deameaner has a direct influence on our team dynamics. Taking action to foster a more positive atmosphere, you can contribute to a more cohesive and productive team. You can impact the team more effectively by showing a positive attitude.”

The key to constructive feedback during a performance review is to provide specific actionable recommendations that focuses on observed behaviors and suggests ways for improvement. Frame the feedback in a way that presents the problems and encourages the employee to take ownership of their attitude and actively work towards a positive change.

Compliance, Employee Handbook, Employee Misconduct, Employee Policies, Employee Rights, Firearm, Florida rules, Risk Management

What Should Employers Know about Florida’s New Constitutional Carry Law?

On July 1, 2023, Florida House Bill 543 became law and authorized the concealed carry of firearms with or without a license to carry. So-called Constitutional Carry means that a permit is not required to carry a concealed firearm. There are a lot of myths and misunderstandings about the new law so various law enforcement agencies published Permitless Carry – Myth versus Fact. Here are the main takeaways:

  • Open Carry is still illegal in most circumstances in Florida (traveling to and from hunting, camping, and target shooting).
  • Constitutional carry does not change who can purchase a firearm or the waiting period to purchase a firearm.
  • To carry a concealed firearm in Florida, a person must still meet the same criteria required to apply for a concealed weapon permit (at least 21 years old without a felony conviction or other disqualifying conditions.
  • The new law does not change where you can carry a firearm. You can not carry a firearm anywhere that a private business or property owner has prohibited them or anywhere outlined in the FL statute 790.23.
  • Concealed weapons permits (CWPs) are still issued by the Florida Department of Agriculture.

Under the new law, employers are prohibited from:

  1. Conditioning employment on any agreement with an employee or customer that prohibits them from keeping legal firearms locked inside a private vehicle in a parking lot for lawful purposes.
  2. Trying to prevent employees or customers from entering an employer parking lot because their private vehicle contains a legal forearm that is being carried for a lawful purpose and is out of sight within the vehicle.
  3. Discharges or discriminates against an employee or customer for exercising their constitutional right to keep and bear arms or exercising their right to self-defense (as long as they never exhibit a firearm on employer property for any reason other than lawful defensive purpose.
  4. Violate privacy rights of employees or customers through verbal or written inquiries regarding the presence of a firearm inside a locked private vehicle in a parking lot to determine whether a firearm is in the vehicle.
  5. Take any action against an employee based on anybody’s verbal or written statements regarding the storage of a firearm inside a private vehicle in a parking lot for lawful purposes.

Employers are also immune from lawsuits for the actions they take or do not take in order to comply with the new rules on firearms in employer parking lots (no immunity for any actions not related to the new law). The Florida Attorney General is in charge of investigating employers that violate the law and employers that violate the law may be ordered to stop, assessed damages, fined, plus attorney fees and court costs. There is also a private right of action and employees can sue their employers for personal costs and losses caused by the employer’s violations, plus attorneys’ fees and court costs.

Lastly, employers drafting a workplace violence or firearms policy for its Employee Handbook should be sure to review the new law and make sure that any firearm restrictions do not prohibit firearms that are stored in an employee’s private vehicle in the company parking lot. Employees cannot be disciplined for exercising their right to keep a lawfully obtained firearm in their personal vehicle in the parking lot.

Employee benefits, General HR Questions, Human Resources, Payroll, Record Keeping

Employee Name Change Checklist for Human Resources

If your employee has reported that they have legally changed their name, here are the items you will want to review and make sure are updated.

  1. Request that the employee complete a name change form, or complete an HR employee change form, or maintain the email request from the employee about their name change.
  2. Request and copy their new social security card, or judicial order document, that officially changes their name. A name must be legally changed in order to change the name in payroll and with benefits. To avoid mismatches at the SSA, keep the employee’s former name in your payroll system until they update it with the Social Security Administration and provide you with proof via their Social Security card.
  3. Have the employee complete a new W-4 to ensure their name and Social Security Number will match on their W-2.
  4. Although not required, the US Citizenship and Immigration Services (USCIS) recommends that you note the name change on Supplement B (new I9 form), but it’s not required.
  5. Update your employee records system and notify your payroll processor.
  6. Notify the IT Department so that computer, email and phone extension are updated.
  7. Update Org Chart (unless it is automatically made in the payroll system) and update the phone directory, if not connected to payroll system.
  8. Update benefits admin system (or make changes with the carriers directly) to reflect the new name (health and welfare, as well as retirement plan).
  9. Depending on the reason for the name change, the employee may also need to make midyear changes to their benefits if there are updates to their family status and dependents.
Compliance, E-Verify, HR Compliance, I9 Form, Immigration, New Hire, USCIS

Remote Examination of I9 Documents Allowed under Proposed DHS Rule

On July 21, 2023, DHS released early a proposed rule (official release coming on July 25) (click here) that will allow an optional alternative for employers to remotely examine Form I-9 documentation. The new DHS alternative authorizes employers enrolled in E-Verify the option to remotely examine their new hires’ identity and employment authorization documents. The new DHS option allows remote examination of the Form I-9 documents, instead of the current requirement to examine documents in person. To participate in the remote examination of Form I-9 documents under the DHS-authorized alternative procedure, employers must be enrolled in E-Verify, examine and retain copies of all documents, conduct a live video interaction with the employee, and create an E-Verify case if the employee is a new hire.

The alternative procedure is available only to qualified employers, meaning those employers who are participants in good standing, in E-Verify. Good standing means an employer has enrolled in E-Verify for all its U.S. hiring sites and the employer is in compliance with all requirements of the E-Verify program (including verifying the employment eligibility of newly hired employees). An employer must consistently offer the alternative procedure to all new employees at an E-Verify hiring site. However, an employer may still choose to continue to apply physical examination procedures to all employees who work onsite.

In addition to the consistent, legal use of the E-Verify system, a qualified employer must also:

  • Conduct a live video interaction after the employee transmits a copy of the document(s) to the employer.
  • Examine copies (front and back, if the document is two-sided) of Form I-9 documents or an acceptable receipt12 to ensure that the documentation presented reasonably appears to be genuine.
  • Retain a clear and legible copy of all documents presented by the employee.
  • Indicate on Form I-9, by completing the corresponding box, that an alternative procedure was used to examine documentation to complete Section 2.
  • Take an E-Verify tutorial (free) that includes fraud awareness and anti-discrimination training.
  • In the event of an audit, make available clear and legible copies of the identity and employment authorization documentation presented by the employee.

Qualified employers may use the alternative procedure starting on August 1, 2023.

The alternative procedure can also be used to satisfy the physical inspection requirement for I9s completed under special COVID-19 temporary rules. Qualified employers that 1) were enrolled in E-verify at the time they performed a remote examination of an employee’s Form I-9 documentation for Section 2 while using the COVID-19 flexibilities, 2) created an E-Verify case for that employee, and 3) performed the remote inspection between March 20, 2020, and July 31, 2023, …. can use the alternative procedure to satisfy the required physical examination of the employee’s documents for that Form I-9.

Compliance, I9 Form, Immigration, USCIS

Is the new I9 form ready for employers to use on August 1, 2023?

Yes. The long-awaited new version of Form I‑9, Employment Eligibility Verification (PDF, 483.6 KB) is now available for use. Starting August 1, 2023, this version contains changes to the form and instructions, including shortening the Form I‑9 to one page and reducing the instructions to eight pages. Employers may begin using the new Form I‑9 on August 1, 2023, but the later version (form I‑9 dated “10/19/2019”) may continue to be used through October 31, 2023. The version date can be found in the lower-left corner of the form. Beginning November 1, 2023, only the new Form I‑9 dated “08/01/23” may be used. A revised Spanish Form I‑9 dated “08/01/23” is available for use in Puerto Rico only. A summary of changes (PDF, 185.1 KB) to the Form I‑9 and instructions is available online, in an earlier blog post. Now only one page long, the new edition is easier for employers and employees to use. Other improvements include clearer instructions and providing guidance on acceptable receipts and the auto-extension of some documents found on the Lists of Acceptable Documents.

Compliance, E-Verify, Florida rules, Hiring, HR Compliance, USCIS

Florida Clarifies Details Related to new E-verify law

Recently, the Florida Department of Revenue released some important FAQs for the new Florida E-verify law. Click here to review and download the DOR Information sheet. Here are some of the more important new employee eligibility and e-verify questions and answers:

  • Is an employer required to certify the employment eligibility of Florida and non-Florida employees? Section 448.095, Florida Statutes, requires that public agencies and private employers with 25 or more employees performing services in Florida must certify the eligibility of their employees performing services in Florida.
  • Who can certify compliance with the new law (for employers with 25 employees)? Certification must be completed by (1) the individual owner, (2) the corporate president, treasurer, or other principal officer, or (3) a partner or member/managing member. The certification statement should be signed and dated.
  • Can an agent or management company certify compliance? No, these entities do not have the statutory authority to certify the use of the E-Verify system on behalf of an employer. These entities will continue to file reemployment assistance reports with the Department on behalf of the employer, and the employer will separately certify the use of E-Verify.
  • How does an employer certify compliance with E-verify? After July 1, 2023, each covered private employer must certify the use of the E-Verify system on its first Florida reemployment tax return filed in a calendar year. There are four (4) options to certify:
    • Employer E-Verify Certification (Form E-Verify)
    • Paper Report (Form RT-6, RT-6EW, RT-6A, RT-6NF, or RT-8A)
    • Online File and Pay Application
    • Extensible Markup Language (XML)
  • What if an employer varies above and below 25 employees? A private employer must verify its new employee’s employment eligibility using E-Verify if that new employee will be the 25th or greater employee performing services in Florida at the time of the new employee’s employment verification.
  • Do employers count employees at related companies (to determine 25 employee total)? Only include employees who are performing services for the private employer, unless the private employer is an authorized common paymaster. If the private employer is an authorized common paymaster for related companies, the common paymaster should count all employees for which it performs common paymaster duties as well as its own employees.

Keep checking with the Florida Department of Revenue for more updates in the future. Click here for the E-verify site.

Compliance, E-Verify, Human Resources, I9 Form, Immigration, USCIS

New I9 Form to be Released on August 1, 2023

On Aug. 1, 2023, U.S. Citizenship and Immigration Services will publish a revised version of Form I-9, Employment Eligibility Verification. Among the improvements to the form is a checkbox employers enrolled in E-Verify can use to indicate they remotely examined identity and employment authorization documents under an alternative procedure authorized by the Department of Homeland Security (DHS) described below. Read the USCIS press release.

Yesterday, DHS announced a final rule that recognizes the end of temporary COVID-19 flexibilities as of July 31 and provides DHS the authority to authorize optional alternatives for employers to examine Form I-9 documentation. At the same time, DHS also published an accompanying document in the Federal Register describing and authorizing employers enrolled in E-Verify the option to remotely examine their employees’ identity and employment authorization documents under a DHS-authorized alternative procedure. To participate in the remote examination of Form I-9 documents under the DHS-authorized alternative procedure, employers must be enrolled in E-Verify, examine and retain copies of all documents, conduct a live video interaction with the employee, and create an E-Verify case if the employee is a new hire. Click here to locate the new I9 Form.

Some of the changes with the revised Form I-9 are:

  • Reduces Sections 1 and 2 to 1 page;
  • Is designed to be a fillable form on tablets and mobile devices;
  • Moves the Preparer/Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary;
  • Moves Section 3, Reverification and Rehire, to a standalone supplement that employers can use if it is necessary;
  • Revises the Lists of Acceptable Documents page to include some acceptable receipts as well as guidance and links to information on automatic extensions of employment authorization documentation; and
  • Adds a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a DHS-authorized alternative procedure rather than via physical examination.

Employers can use the current Form I-9 (edition date 10/21/19) through Oct. 31, 2023. Starting Nov. 1, 2023, all employers must use the new Form I-9.

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.

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