All posts by stu

Company Culture, Employee benefits, Group Health Insurance, mental health, Wellness program

May is Mental Health Awareness Month

During May, your company can join the national movement to raise awareness about mental health. This month is dedicated to educating the community, reducing stigma, and encouraging those in need to seek help. Mental Health Awareness Month is a reminder of the importance of caring for our mental well-being just as much as we care for our physical health.

Why Mental Health Matters – Mental health is an integral part of our overall health. It affects how we think, feel, and act in our daily lives. It also influences how we handle stress, relate to others, and make decisions. Mental health is important at every stage of life, from childhood and adolescence through adulthood.

Recognizing the Signs – Understanding the signs and symptoms of mental health issues can help us support ourselves and each other. Some common signs include:

  • Persistent sadness or feeling down
  • Withdrawal from friends, family, and activities
  • Significant changes in eating or sleeping habits
  • Irritability or mood swings
  • Difficulty concentrating or making decisions
  • Feelings of hopelessness or worthlessness
  • If you or someone you know is experiencing these symptoms, it’s important to reach out for help. Early intervention can make a significant difference.

Resources and Support – Your company can make a commitment to supporting the mental well-being of employees. Here are some resources that can be offered to employees:

  • Employee Assistance Program (EAP): Your company may have EAP resources through its medical insurance provider.  EAPs provide confidential counseling services and referrals to help an employee navigate personal or work-related challenges.
  • Mental Health Days: Remember, it’s okay to take a day off to focus on your mental health. Your company PTO policy supports taking time for self-care when needed.
  • Wellness Workshops: Throughout May, your company can host events and workshops focused on stress management, mindfulness, and building resilience.
  • Open Conversations:  Employees can reach out for support if they are struggling with mental health.  Break the stigma and talk openly about mental health.

Here are some ways you can contribute to a mentally healthy workplace:

  1. Be Kind: A small act of kindness can make a big difference in someone’s day. Offer support to colleagues who may be having a tough time.
  2. Stay Connected: Reach out to colleagues, especially those who might seem withdrawn. A simple check-in can show you care.
  3. Practice Self-Care: Engage in activities that promote your mental well-being, such as exercise, meditation, and hobbies you enjoy.
  4. Seek Help: If you’re struggling, don’t hesitate to seek professional help. There’s no shame in asking for support.

By fostering a workplace culture that values mental well-being, we can create a healthier, happier, and more productive environment for everyone. Here are some workplace wellness resources from the HHS.gov.

Employee Policies, Employee Rights, FTC, HR Compliance, Non-complete Agreements

Non-compete Agreements to be Banned, Limited Exceptions

In late April, the Federal Trade Commission (“FTC”) issued a controversial new rule that bans all non-compete clauses for every worker nationwide across all industries – with very limited exceptions. The rule, if not stopped by a lawsuit, will take effect on or about September 1, 2024. After the effective date, employers also have an affirmative duty to notify workers (including former employees) that their existing non-compete clauses are no longer in effect. The U.S. Chamber of Commerce opposes the new Rule and has filed suit in the Eastern District of Texas to block it.  Read the complete Federal Register rule.

What is a non-compete agreement? The term “non-compete clause” is defined broadly as any contractual term that prohibits a worker, penalizes a worker for, or functions to prevent a worker from seeking or accepting work with a different person or operating a business, after the conclusion of the worker’s employment with the employer. The Rule does not prohibit other post-employment restrictive covenants, like non-disclosure or non-solicitation clauses.

Who is covered by the Rule? The Rule covers all “workers,” which includes not just employees, but also independent contractors, volunteers, and interns. The definition excludes franchisees in the context of a franchisee-franchisor relationship. The Rule itself does not exempt any specific employers, although some employers (such as certain nonprofit entities) are outside of the FTC’s jurisdiction.

What about Senior Executives? Employers will be able to enforce existing non-compete clauses only with “senior executives,” (as defined in the Rule) and only for those agreements that are in place on the date of the Rule. The only exception is for non-competes made in connection with the sale of a business. Specifically, the Rule does not apply to a non-compete clause “that is entered into by a person pursuant to a bona fide sale of a business entity, of the person’s ownership interest in a business entity, or of all or substantially all of a business entity’s operating assets.”

Although it is not certain that the new rule will survive a legal challenge, all employers should review any existing non-compete agreements and consider revising agreements to focus on trade secrets and non-solicitation protections. More resources about the enforceability of non-compete agreements are located at law firm White & Case’s Resource Center.

Business Expenses, Compensation, Department of Labor, Exempt Employee, Salaried employees

DOL Increases Salary Level for Exempt Employees (coming July 1, 2024)

Last week, the U.S. Department of Labor (DOL) issued its much-anticipated final rule raising the salary threshold for employees to be exempt from federal overtime requirements under the Fair Labor Standards Act (FLSA). The new rule significantly increases the minimum salary requirement for executive, professional, and administrative employees, and the salary change started July 1, 2024. According to the Biden-Harris Administration, the new rule will ensure “fair pay for long hours” for salaried workers. Read the DOL press release. All employers need to review this new rule and its potential impact on employee compensation.

The new rule increases the minimum salary threshold, to $844 per week or $43,888 per year (current level is $638/week) as of July 1, 2024. The next increase, scheduled for January 1, 2025, will raise the threshold to $1,128 per week ($58,656 per year). Going forward, the salary level will automatically increase every three (3) years. The “highly compensated employee” overtime exemption salary threshold will increase from $107,432 to $132,964 on July 1, 2024, and on January 1, 2025, it will bump up to $151,164.

The new rule does not make any changes to the duties tests for the various white-collar or highly compensated employee exemptions, which also must be satisfied for an employee to be properly classified as exempt from overtime. Read more about the DOL duty tests.

The experts predict that the new rule may be blocked or delayed due to legal challenges, so employers should hold off making any immediate changes due to the new rule. This major increase is similar to the changes proposed by the Obama Administration which were successfully blocked in 2016.

Audits, Consultstu Team, E-Verify, Employee Policies, I9 Form, Immigration, Publix Immigration Certification, USCIS

Navigating Customer I-9 Form Audits: Compliance and Client Relationships

Corporate America knows that maintaining compliance with legal and regulatory requirements is critical (legally and for public relations). Among the essential documents for businesses engaging in corporate services or B2B transactions is the I-9 form, a vital piece of the hiring process designed to verify the identity and employment authorization of individuals in the United States. When providing services to large corporate clients, smaller service companies often find themselves subject to a third-party I-9 audit and review required by their customers. In this blog post, we’ll delve into corporate customer I-9 audits, exploring best practices for navigating them while preserving strong client relationships. In our experience, companies such as Publix, Target and Waste Management require their B2B suppliers and service vendors complete third-party audits for compliance.

Corporate customer I-9 audits occur when businesses that provide services to other companies are required to undergo an audit of their I-9 records by their corporate clients. These audits are typically initiated to ensure that the vendors or service providers are compliant with immigration laws and regulations, thus mitigating risks and liabilities for the corporate clients. Audits are done by an independent third-party, experienced with I9 form completion.

Best practices for navigating corporate customer I9 audits:

  1. Preparedness: Review your supplier contract and proactively maintain accurate and up-to-date I-9 records to streamline the audit process. Conduct regular internal audits to identify and address any deficiencies before they are discovered by a third-party audit. Select a qualified and experienced auditor, if your company retains these services.
  2. Open Communication: Maintain open lines of communication with corporate clients regarding their mandated audit process, including timelines, required documentation, and any questions. Address customer requests promptly to foster trust and collaboration.
  3. Data Security Measures: Implement data security measures to protect employee information during the audit process. Utilize secure file-sharing platforms and safeguard sensitive data from unauthorized access or breaches.
  4. Compliance Assistance: Seek assistance from experts or compliance professionals specializing in immigration law to ensure adherence to regulatory requirements.
  5. Continuous Improvement: Use the audit process as an opportunity for continuous improvement. Identify areas for improving I-9 compliance practices and implement new measures to minimize technical errors.
  6. Post-Audit Follow-Up: Following the completion of the audit, conduct a thorough review of findings and recommendations. Address deficiencies and correct errors to improve your compliance standings.

By following these best practices, your company can successfully navigate the audit process effectively while preserving strong client relationships. Strengthening your compliance with I-9 requirements will mitigate the legal risks to your company, as well as your corporate customers. A commitment to legal and ethical business practices will also build your ability to win more business and create strong lasting relationships with your customers. Consultstu performs independent third-party I9 audits for companies in the United States.

Company Property, Compliance, Drivers, Employee Policies, GPS, Investigations, Risk Management

Navigating GPS Tracking on Employee Phones: The Importance of Transparency and Disclosures

In an era dominated by digital connectivity, employers are increasingly turning to technology to streamline operations, enhance productivity, and ensure the safety of their workforce. One such technology that has gained prominence in recent years is GPS tracking, particularly when implemented on employee smartphones. While GPS tracking can offer benefits such as improved fleet management, route optimization, and real-time location monitoring, it also raises important ethical and legal considerations, particularly regarding employee privacy. In this blog post, we’ll explore the intricacies of GPS tracking on employee phones and discuss the essential disclosures needed to maintain transparency and trust in the workplace.

Understanding GPS Tracking on Employee Phones

GPS tracking involves the use of Global Positioning System technology to pinpoint the location of an individual or object in real-time. When implemented on employee smartphones, GPS tracking allows employers to monitor the whereabouts of their workforce, whether they’re out in the field, traveling for business, or conducting deliveries. While the primary intent behind GPS tracking is often to improve operational efficiency and ensure employee safety, it can also raise concerns about privacy invasion and employee autonomy.

The Importance of Transparency and Disclosures

Transparency is paramount when it comes to implementing GPS tracking on employee phones. Employees should be told when and how their movements are being monitored, and withholding this information can erode trust and create liabilities. To maintain transparency and mitigate potential privacy concerns, employers should provide a clear and comprehensive disclosure regarding GPS tracking practices. These disclosure agreements should include:

  1. Tracking Purpose: Clearly communicate the reasons behind implementing GPS tracking on employee phones. Whether it’s for route optimization, ensuring compliance with work schedules, or enhancing safety protocols, employees should understand the legitimate business purposes driving the use of this technology.
  2. What is Being Tracked: Specify the scope of GPS tracking activities, including the types of location data that will be collected, the frequency of tracking, and the circumstances under which tracking will be activated (e.g., during work hours, while on company premises, etc.). Be transparent about any limitations or exceptions to tracking, such as during personal time off or when employees are on break.
  3. Employee Acknowledgement: Obtain an explicit acknowledgment from employees before starting GPS tracking on their phones, where legally required. Explain if there is an option to opt-out (versus mandatory) of the tracking or if an employee can disable location services. In Florida, an employer is legally entitled to place GPS tracking on its own property, such as a smartphone.
  4. Data Security and Confidentiality Protection: Assure employees that their location data will be handled securely and confidentially, in compliance with applicable privacy laws and regulations. Implement sufficient data security measures to protect against unauthorized access, misuse, or disclosure of tracking data.

Be aware that in 2023, Florida enacted a new law to regulate the installation of tracking devices, including GPS trackers, by private citizens, due to a rise in criminal stalking cases. Florida law criminalizes the use of a GPS device by a private citizen when it is done without his or her target’s consent. The punishment for the misdemeanor includes a fine and sentence of up to six months in jail. An owner or lessee of a motor vehicle may legally install, or direct the installation of, a tracking device or tracking application on such vehicle during the period of ownership or lease. With respect to smartphones, Florida law also has an exemption for a person acting in good faith on behalf of a business entity for a legitimate business purpose.

GPS tracking on employee phones can offer valuable insights and efficiencies for businesses, but it must be implemented with careful consideration for employee privacy. By providing a clear disclosure regarding the purpose, scope, acknowledgment and security associated with GPS tracking, employers can build trust and foster a culture of transparency in the workplace. The successful management of GPS tracking requires respect for employee rights and a keen awareness of potential legal complexities.

Company Culture, Employee Policies, Exit Interview, Retention

Mastering the Exit Interview: 4 Tips for a Successful Farewell

When an employee decides to leave your company, it marks the end of a chapter, but it also opens a window of opportunity for growth and improvement within the company. Exit interviews are potentially valuable tools that offer insights into employee experiences, reasons for departure, and areas for employer improvement. Conducting effective exit interviews can help companies understand their strengths and weaknesses, improve retention rates, and foster a positive organizational culture. Here are four tips for conducting impactful exit interviews:

  1. Establish Trust and Confidentiality: The foundation of a successful exit interview lies in trust and confidentiality. Ensure the departing employee feels comfortable sharing their candid feedback by assuring them that their responses will remain confidential and won’t impact their future references or relationships within the organization. The purpose of the interview is constructive, aimed at improving the workplace for current and future employees.
  2. Prepare Thoughtful Questions: The quality of insights obtained from exit interviews heavily depends on the questions asked. Craft open-ended questions that encourage departing employees to provide detailed feedback about their experiences, challenges faced, suggestions for improvement, and reasons for leaving. Examples of questions include:
    • What factors influenced your decision to leave the company?
    • How would you describe the company culture and work environment?
    • Were there any areas where you felt unsupported or undervalued?
    • What suggestions do you have for improving employee morale?
  3. Actively Listen and Probe: During the exit interview, it’s crucial to actively listen to the departing employee’s responses and ask follow-up questions to delve deeper into their feedback. Avoid interrupting or dismissing their concerns, and demonstrate empathy and understanding. Probe gently to uncover valuable insights that can inform actionable strategies for enhancing employee satisfaction and retention.
  4. Analyze and Implement Feedback: After conducting exit interviews, dedicate time to analyze the feedback gathered from departing employees. Look for recurring themes, patterns, and areas of concern that require attention. Identify actionable steps and develop strategies to address the issues raised, whether they pertain to leadership, communication, work-life balance, or company policy. Implementing meaningful changes based on exit interview feedback demonstrates a commitment to continuous improvement and employee well-being. Track the progress of implemented initiatives and measure their impact on employee satisfaction, retention rates, and overall organizational performance. Regularly revisit exit interview data to identify new trends and areas for further improvement.

In summary, conducting effective exit interviews is a vital component of building employee engagement strategies. By establishing trust, asking thoughtful questions, actively listening, analyzing feedback, and following up on action plans, companies can receive valuable insights, foster a culture of transparency, and positively impact employee retention.

Manager, Restaurants, Risk Management, Workers Compensation

Employee Who Allowed Manager to “Pop” His Back, Denied Work Comp Benefits

An employee at a Florida Waffle House was having back complaints after working an 18 hour shift. Based on the complaints, the employer’s manager thought that “popping” (manipulating) his back might relieve some of his pain. The “popping” did not go well, and he was unable to stand up straight and had nerve pains running down his leg. The employee claimed that the manager’s manipulation of his back created the need for surgery following a diagnosed L4-5 disc herniation. He filed for lost wages and medical benefits under workers’ compensation.

The initial Compensation Judge awarded benefits and ruled the employee’s injury occurred within the course and scope of the claimant’s employment because he was on work premises during his shift while reasonably fulfilling his duties by either working the grill or receiving pain relief assistance from a manager. The judge also found that there was substantial evidence that the industrial accident was the major contributing cause of the claimant’s lower back injuries.

The Appeals Court reversed the Judge’s decision. The manipulation of the employee’s back by his supervisor did not constitute an injury that arose out of the claimant’s employment. He allowed the manipulation and it was not performed to support his work as a grill cook, only to help relieve his pain. The employee must prove that his injury was the result of an accident happening not only in the course of his employment but also arising out of that employment. There was no proof that working an 8 hour work shift was the cause of his back complaints. If so, the employee would need to offer proof that the injury was caused by repetitive trauma – a claim with a much higher burden of proof. To prove a repetitive trauma injury, the claimant had to show by clear and convincing evidence: 1) prolonged exposure, 2) the cumulative effect of which is injury or aggravation of a preexisting condition, and 3) that he had been subjected to a hazard greater than that to which the general public was exposed.

When reviewing the claim, the court stated that Florida Chapter 440 (work comp law) does not cover all workplace injuries but rather only covers work-caused injuries. Occupational causation cannot be established based solely on a showing that but for the employee being at work, he would not have been injured in the manner and at the particular time that he was hurt. The mere presence at work is never enough standing alone to meet the arising out of prong of the coverage formula, i.e., the back manipulation was not performed to support the claimant’s duties for the employer.

CDC, Coronavirus, Employee Illness, Employee Policies, Human Resources, Vaccines, Wellness program

CDC changes COVID-19 Isolation Guidelines – No More 5 days

In early March, the CDC significantly relaxed its isolation guidelines for those testing positive for COVID. According to the new 25 page guidance for COVID and other respiratory viruses (including flu and RSV), a person no longer has to isolate for five days.

CDC now recommends that COVID positive people should stay home while sick, but can return to work when they are feeling better and are fever-free for 24 hours without taking fever-lowering medications. When returning to the office, wear a mask and try to physically distance from others for the five days that follow. These steps are especially important for people who may be around individuals who are at high risk for severe risk of illness, those 65 and older, and those with weak immune systems.

CDC provides additional active recommendations on core prevention steps and strategies to lessen the impact of disease:

  • Stay up to date with vaccination to protect people against serious illness, hospitalization, and death. This includes flu, COVID-19, and RSV.
  • Practicing good hygiene by covering coughs and sneezes, washing or sanitizing hands often, and cleaning frequently touched surfaces.
  • Taking steps for cleaner air, such as bringing in more fresh outside air, purifying indoor air, or gathering outdoors.

Read the entire updated COVID-19 updated guidance from the CRC.

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

Recent DOJ Fact Sheet for Employers Using Commercial Electronic Form I-9 Software

In December 2023, the Department of Justice (DOJ) published a fact sheet that discussed what employers should keep in mind if they use private sector commercial or proprietary software to electronically complete, modify, or retain Form I-9s. Although this document refers to these products collectively as Form I-9 software programs – it also applies to employers who use a commercial program to complete E-Verify. Bottom line – using a Form I-9 software program does not guarantee an employer’s compliance with federal law. An employer is responsible for ensuring that any software to electronically complete I-9s, or retain I-9s, complies with all legal requirements. Employers are not required to use commercial software, and have free and direct access to the I-9 Form and the E-verify system.

Pointers for employers using commercial Form I-9 software:

  • The complete I-9 Form and instructions must be available to employees.
  • Employees must complete Section 1 before employers finish Section 2.
  • Optional fields on the I9 Form must be able to be skipped by employees.
  • All Form I-9s must record and display all information entered, including rehires and re-verifications.
  • Software must uniquely identify each person accessing, correcting and changing the Form I-9.
  • Employers should provide personnel using the I-9 software with training and support. Have procedures for completing the I-9 form and E-verify cases if they have to be done outside the software system.

I-9 Software systems should avoid:

  • automatically pre-populating employee information from other sources.
  • completing an I-9 on an employee’s behalf unless the employer is helping the employee.
  • remove any I-9 form fields, or request additional information.
  • autocorrect, or post date an I-9 Form.
  • Fail to document all changes made to an I-9 form.

View Employer Training: Avoiding Unlawful Immigration-Related Employment Discrimination, presented by the Department of Justice. The IER has a free employer hotline for information on how to avoid unlawful discrimination, including when using Form I-9 software programs: 1-800-255-8155, available from 9:00 a.m. – 5:00 p.m. ET, Monday-Friday. Calls can remain anonymous.

300 Log, Injury Statistics, ITA, OSHA, Record Keeping, Safety

New Expanded OSHA ITA Reporting due March 2; Uses 2023 OSHA 300 log

Many employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses on the OSHA 300 log. OSHA logs need to be maintained for 5 years and OSHA 300A (summary) must be posted from February 1 to April 30 annually. Here are a few basics about OSHA 300 Logs, and how to use the OSHA log to complete the newly updated online Injury Tracking Application (ITA).

OSHA defines recordable injuries or illnesses (to be added to the OSHA 300 log) as:

  • Any work-related fatality.
  • Any work-related injury or illness that results in loss of consciousness, days away from work, restricted work, or transfer to another job.
  • Any work-related injury or illness requiring medical treatment beyond first aid.
  • Any work-related diagnosed case of cancer, chronic irreversible diseases, fractured or cracked bones or teeth, and punctured eardrums.

First-aid cases are excluded from the OSHA 300 logs. Here are some common first-aid situations:

  • Using a non-prescription medication at nonprescription strength.
  • Tetanus shots.
  • Cleaning, flushing or soaking wounds on the surface of the skin.
  • Using wound coverings such as bandages, Band-Aids™, gauze pads, etc… or using butterfly bandages or Steri-Strips.
  • Using hot or cold therapy.
  • Using any non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc…
  • Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister.
  • Using eye patches.
  • Removing foreign bodies from the eye using only irrigation or a cotton swab.
  • Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means.
  • Massages (physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes); or
  • Drinking fluids for relief of heat stress.

OSHA’s Injury Tracking Application (ITA) now requires increased online reporting by certain establishments with 100 or more employees in high-hazard industries, which were already required to submit summary information on the OSHA Form 300A Annual Summary. A new 2023 rule change now mandates these employers submit injury specific information from the OSHA Form 300 Log and the OSHA Form 301 Incident Report (or first report of injury). This expanded reporting requirement is based on employees and industry classification of an establishment.

You must submit 300A data if your establishment meets one of the following criteria:

  1. Large employers (250 or more employees) and is not in an industry listed in the Exempt Industries list in Appendix A to Subpart B of OSHA’s recordkeeping regulation of 29 CFR Part 1904 or
  2. Small employers (20-249 employees) and is in an industry listed in Appendix A to Subpart E of 29 CFR Part 1904.

Additionally, you must submit 300/301 data if your establishment(s) has 100 or more employees and is in an industry listed in Appendix B to Subpart E of 29 CFR Part 1904.

ITA deadline is March 2. You can start submitting your 2023 injury and illness data on January 2, 2024. The due date to complete this submission is March 2, 2024. The submission requirement is annual and you must complete the submission of the previous year’s injury and illness data by March 2 of each year.

If you are an employer required to submit data to OSHA under the ITA, here is How to create an ITA account with OSHA.

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