Consultstu LLC provides
fractional HR support to small/mid businesses. We develop and deliver customized solutions to meet each companies' budget and needs. Our team will support your HR needs, keep you in compliance and share new trends and solutions. Stay up to date with the latest HR, risk management, safety, recruiting and benefit news.
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Fines double for failing to post required EEO poster
Increase will take effect on July 2, 2016
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WASHINGTON DC - 6/2/16 - The Equal Employment Opportunity Commission (EEOC) announced that it will double the monetary fines for employers that fail to properly post federal discrimination law posters that protect workers from discrimination. The maximum penalty for violating the posting requirements will now be
$525. Employers covered by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act or the Genetic Information Nondiscrimination Act must post notices describing the key provisions of these acts in "prominent and accessible" spots in the workplace, according to the EEOC. The requirement applies to private employers employing 15 or more individuals, as well as to federal contractors and subcontractors.
Click here for access to FREE federal posters.
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Naples construction company owner arrested
Accused of illegally avoiding paying work comp premiums
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Naples, Fla. - On May 20, Florida Chief Financial Officer Jeff Atwater announced the arrest of Raimundo Hernandez-Argueta, owner of Naples construction company Complete Framing Professionals (CFP). Following a joint investigation by the Department of Financial Services' (DFS) Division of Insurance Fraud and Division of Workers' Compensation, Hernandez was arrested on fraud charges for allegedly misrepresenting information regarding CFP's employee operations and payroll when applying for a workers' compensation policy. CFP concealed millions in payroll for the 100 plus employees, and avoided $700,000 in work comp premiums.
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| EEOC Issues final rules on Wellness plans and ADA
Guidance to employers on incentives and making disability related inquiries
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On May 16, 2016, the Equal Employment Opportunity Commission (EEOC) issued final regulations governing the treatment of wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The final regulations provide direction to employers regarding workplace wellness programs that comply with the ADA and GINA. The rules cover wellness programs that are both connected (and unconnected) with a group health plan. If you have a wellness program - or are thinking about setting one up, review these new rules.
Read full article.
Click here for EEOC's Small Business fact sheet on Wellness programs.
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| What do companies pay employees in your area?
Labor Market Data from Florida Career Source has wage information
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Did you know that the CareerSource Florida network offers businesses vital information to assess the competitiveness of compensation practices? The Department of Economic Opportunity's Labor Market Statistics Center produces, analyzes and delivers reliable labor statistics for economic decision-making.
The Occupational Employment Statistics and Wages (OES) program produces employment and wage estimates for over 800 occupations. It is an online resource showing current wage information.
Click here to look up a wage rate in your metropolitan area.
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Employee Benefits reminder about SPDs
ERISA requires a summary plan document for every employee benefit plan
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Does your company have a fully insured group health plan? Are you aware that Section 402 of ERISA requires that every employee benefit plan have several specific written documents in order to be in compliance? While there is no specific penalty for not having a proper plan document,the f
ailure to provide a plan participant with a Summary Plan Description (SPD) within 30 days of an employee request carries a maximum $110 per day penalty.
The Department of Labor conducts thousands of employee benefit plan compliance reviews annually and assesses millions in fines.Your insurance master contract and certificate of insurance (COI) provided by your insurance carrier do not normally meet the legal requirements and must be "wrapped" with the various missing provisions in order to be in compliance.
Read more about ERISA compliance and how a "wrap plan" can bring your employee benefit plans into compliance.
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Beware those toxic employees, they are costly
Havard says avoiding a toxic employee nets $12,489 in cost savings
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They bad-mouth you to work colleagues behind your back; they angrily demand the impossible from everyone but themselves; they make unwanted comments about your attire. But toxic workers aren't just annoying or unpleasant to be around; they cost firms significantly more money than most of them even realize.
Read more.
So how do you deal with toxic employees? According to one CEO, the conversation starts with "I want to talk to you about something..."
More tips for confronting toxic employees.
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Small Business Guide to White Collar Exemptions
DOL guide explains the "salary" and "duties" tests
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The new federal rules affecting salaried workers will take effective on December 1, 2016, and I continue to receive phone calls from companies needing to make changes. When assessing your job descriptions, review the "duties" tests for professionals, executives, administrative and computer professionals in the DOL guide. If your question is not answered, or want to discuss your situation, feel free to call Consultstu LLC. In future months, we will publish additional tips and strategies on this topic.
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Thank you for reading our HR newsletter. We strive to provide you with trending information to assist with compliance, prevent costly HR mistakes, control HR cost and improve overall employee satisfaction with HR and safety.
Sincerely,
Stuart Charlson, JD
HR for Business - ConsultStu, LLC
Fractional HR Services for Growing Businesses
Advisor on "Unbundling" HR services
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Disclaimer/Reminder
This newsletter does not constitute legal advice or legal services, and is solely provided for informational purposes only.
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