The Business of Having Employees Presented By: Steven Sweeney, President NEMR Total HR Practical Human Resources Information For Businesses and How To Manage The Future Landscape
The Business of Having Employees
Presented By:
Steven Sweeney, President
NEMR Total HR
Practical Human Resources Information For Businesses and
How To Manage The Future Landscape
Background Information
• President of a HRO (Human Resources Outsourcing) firm– 16 years in HR industry
– Client employees in 11 states
– Firm assists clients and employees with daily employee relations, compliance issues, vendor consolidation and total employer offering
• Founding partner of licensed insurance agency– Licensed insurance producer since 2002
– Offices in NJ & PA
– All aspects of employee-related benefits
• Featured speaker– Provides expert presentations on Human Resources and various
employee related topics to business and industry groups
Most Days With Employees
Discussion Points…
• Need to Know!– Employee Onboarding
– OSHA & Drug Testing
– Anti-Harassment
– Employee Handbook Updates
• Need to Watch!– Paid Sick Leave
– ACA Provisions
– Pay Equity
– E-Verify
– FLSA Updates
• How To Handle!– In-House
– Consulting Model
– Outsourcing Model
• Handouts– Restrictive Covenants
– Small Business & PEO
“Human Resources isn’t a thing we do – it’s the thing that runs our business.”
-Steve Wynn
How Complicated Could It Be?!?
Sample of Federal & State Agencies That Regulate Employment
• Department of Labor (DOL)
• Department of Justice / Civil Rights (DOJ)
• Occupational Safety & Health Administration (OSHA)
• Employee Benefits Security Administration (EBSA)
• Department of Health & Human Services (DHS)
• Equal Employment Opportunity Commission (EEOC)
• National Labor Relations Board (NLRB)
• Workers Compensation Bureau
• Department of Banking & Insurance
• And many more (based on location and industry…)
Need To Know!
• Employee Orientation & Onboarding– Critical Items
• Regulatory Paperwork
– Best Practices
• Establish Timeframes
• Preparation
• Reference Checks
• Background Checks
• Behavioral Assessments
• Offer Letter
• Immersion & Buddy System
• Office “Swag”
*Data from recent Bamboo HR studies.
90% of employees decide whether they will stay with a company or leave within the first 6 months.
Recent survey's have shown 75% of new hires say training during the first week is most important to them.
Why?
Need To Know!
• OSHA & Post-Accident Drug Testing– Critical Knowledge
• OSHA interpretation of anti-retaliation provision's changing the landscape for employers who conduct post accident drug testing
• New Presidential administration may change current opinion of these rules, but this is an unknown
• OSHA interpretation is “law of the land” at the moment
– Best Practice• Limit post-accident testing to situations where drug use likely contributed
to the accident
• Have reasonable certainty a drug test can accurately show impairment caused by the drugs use
• Only test when drug use could have been causal factor in accident– i.e. Drug presence in persons system vs. drug preventing the person from
working safely
Need To Know!
• Anti-Harassment / Bullying– Critical Items
• More important now than ever to educate your workforce
• Written policy
• Non-Retaliatory provision
• Reporting mechanism
– Best Practices
• 2 assigned personnel for reporting purposes
• Training 2x’s per year with live trainers (employees & supervisors)
• Clear examples of prohibited conduct
• Survey’s
• Hotline
Need To Know!
• Employee Handbook Updates – Critical Items
• Social media policies
• Background checks
• Violation reporting
• Employer size
– Best Practices
• Review current handbook
• Be aware of continuous changes
• Update as soon as administratively feasible
• Obtain written or digital signature of acknowledgement of understanding and receipt
NLRB v. T-Mobile USA “found several workplace rules were unlawful, including a rule about maintaining a positive work environment”.
Need To Watch!
• Paid Sick Leave– What is happening currently?
• Federal sick leave program has been in place since 1993 for employers of specific sizes
• Certain states have policies that govern programs
• Specific cities within states are now adopting measures to provide these benefits
– Where are we headed?
• Look for more major metro cities to enact these programs
• Federal programs have been discussed to make the current law more broad in scope
• New laws are targeting employers of all sizes
Need To Watch!
• Affordable Care Act (ACA) Provisions– What is happening currently
• Government is in turmoil regarding this legislation
• “Obamacare is the law of the land”
• Challenges with insurers
– Some states are down to single insurers, some states have none at all in parts (Tennessee)
– Where are we headed?
• Full repeal was unlikely
• “Repeal and Replace” effectively delayed… for now
• Tweaks may happen – but not likely to happen soon, dependent largely on administration
Need To Watch!
• Pay Equity– Background
• Organized efforts and legislation on the books have existed for decades
• Has been building strong support in recent years as women have taken a bigger spotlight in major political positions
• Legislators are taking up the cause – Specifically with high profile cases such as “US Women’s Soccer” and “Team USA
Hockey”
– Why “Hot” Now?• Effective March 2018, certain employers will have to report a new 2017 EEO-1
report including summary pay data– Private employers with 100 or more employees will report summary pay data
– Federal contractors and subcontractors with 50-99 employees will continue to report as current
– Private employers with fewer than 99 employees and Federal contractors and subcontractors with 49 employees or fewer are not currently required to complete the EEO-1
Need To Watch!
• E-Verify– Background
• Voluntary for most employers since 1996
• Each employer representative utilizing system must undergo registration process
• Good practice, but administratively cumbersome
– Electronic process, but still need to complete paper form
– Why “Hot” Now?
• New Administration is very eager to tackle immigration and Homeland Security
• Mandatory E-Verify is on the horizon
• Still administrative things to be worked out for the system
• Research registration now, gain a comfort level and be ahead of the curve
Need To Watch!
• Fair Labor Standards Act (FLSA) Updates– Background
• Federal law governing exempt and non-exempt employment status
• Sweeping regulation changes were to take effect in December of 2016
• Last minute judicial ruling halted the implementation of the new regulations
– Why “Hot” Now?
• Law will most likely be revised and enacted
• Examine your current workforce if you didn’t prepare in 2016
• Pay close attention to the salary thresholds
– New regulations indicate the $35K range
How Do I Handle All Of This?
There are a variety of ways to ensure your organization iskeeping up with the myriad of federal, state and local lawsrelated to employment. We will briefly examine three of thoseways.
– In-House
– Consultant Model
– Outsourcing Model
In-House Model
Positive Attributes
• Personnel is on site
• Corporate culture is more easily influenced*
• Other duties can be assigned as necessary
Negative Attributes
• All liability and responsibility is assumed by the company
• Overhead cost
• Continuing education
• Workload ratio
• Supervisory oversight is necessary
• Vendor management
• Only “know what they know”
• Knowledge is transient
*This can be a positive or negative attribute
Consulting Model
Positive Attributes
• Specialized knowledge
• Unbiased advisory
• Short term commitment
• Available on “as-needed” basis
• Flexibility
Negative Attributes
• More reactive
• Can be costly
• Has to be managed with internal resources
• “Project” based
• Transactional
Outsourcing Model
Positive Attributes
• Fixed cost for budgeting
• Continuous counsel
• Team of specialists
• Vendor consolidation
• Complete discovery related to employee items
Negative Attributes
• Perception of less control
• Off premise
• Learning curve (client and vendor)
• Clarity of relationship for staff
• Intimate knowledge
Parting Thoughts To Ponder…
People are not your most important asset. The right people are.
- Jim Collins
Time spent on hiring is time well spent.
- Robert Half
Never hire someone who knows less than you do about what he’s (or she’s) hired to do.
- Malcolm Forbes
Questions & Answers
Thank you for your time and attention!
Steven Sweeney
NEMR Total HR
4-A Eves Drive; Suite 108
Marlton, NJ 08053
www.NEMRHR.com