group of coworkers huddled together looking at laptop screen

NYC Enacts New Sexual Harassment Training, Poster, and Information Sheet Requirements

2018-05-22
, , , , , Human Resources

Training Requirements Effective April 1, 2019

New York City has enacted new sexual harassment training, poster, and notice requirements for employers. Starting April 1, 2019, employers with 15 or more employees will be required to annually conduct anti-sexual harassment interactive training for all employees, including supervisors and managers. In addition, starting September 6, 2018, all employers will be required to:

  • Post an anti-sexual harassment rights and responsibilities poster in employee break rooms or other common areas where employees gather; and
  • Distribute an information sheet on sexual harassment to employees at the time of hire and in the employee handbook.

The city is expected to release a model poster and information sheet soon.

Young biracial woman in business attire smiling on a cell phone on an overcast day

Vermont Adopts Salary History Inquiry Ban

2018-05-18
, , , , , , , Human Resources

New Law Effective July 1, 2018

Effective July 1, 2018, a new law prohibits Vermont employers from inquiring about or seeking an applicant’s salary history information­­, including information on his or her current or past wages, salary, bonuses, or benefits. The law also bans employers from relying on an applicant’s salary history information as a factor in determining whether to interview the applicant.

Notably, the law does not prohibit:

  • After making an offer of employment that includes compensation, confirming or requesting an applicant’s salary history information if the applicant previously disclosed the information voluntarily; or
  • Inquiring about an applicant’s salary expectations or requirements.

Click here to read the full legislation.

professional in room drawing on whiteboard discussing plans to expand and grow business

Workforce Planning and Building Your Business

2018-05-11
, , , , Human Resources

A core part of your company’s success is effective planning for your workforce. Workforce planning involves projecting your future workforce needs and then identifying the policies and systems that will let you meet those needs. Strategic workforce planning is essential for managing the direction of your company, whether you’re expanding, maintaining your current status, or downsizing.

What is Happening in Your Job Market?

Learning about the national and local job markets–and the factors that influence them–will help you develop your workforce plan. Key data points to watch include:

  • The local unemployment rate: A large pool of highly skilled employees looking for work in your region may allow you to readily snap up great candidates for mid-and high-level positions.
  • Community demographics: College graduates coming into the market in your area may be able to fill entry-level slots.
  • Competitors: To attract the best candidates, be aware of your competition, and offer compensation and benefits packages in line with your industry.
  • Social, technological, and economic trends: These forces can also influence your workforce planning. A recession, for example, may allow you to attract highly skilled employees with ease. A booming economy, on the other hand, may make it difficult to find the right candidate, and increase the importance of retaining your valued employees.
  • Political and legislative trends: Changes in federal, state, or local laws may have a positive or negative effect on your industry, your hiring ability, or the kinds of benefits you’re able to offer your employees.

Sources such as the U.S. Department of Labor, the U.S. Bureau of Labor Statistics, employer associations, local and national news reports, and competitors’ annual reports are good places to look for the information described above.

curb piled with trash and damaged walls papers and wood from natural disaster storm

Keeping Business Records and Inventory Safe from Natural Disasters

2018-05-08
, , , , , , , , , Human Resources

Most businesses keep on-site records and files (both hardcopy and electronic) that are essential to normal operations. Some businesses also store raw materials and product inventory. The loss of essential records, files, and other materials during a disaster is commonplace and can not only add to your damage costs but also delay your return to normal operations. The longer your business is not operating, the more likely you are to lose customers permanently to your competitors.

Protecting Company Documents and Equipment

To reduce your vulnerability, determine which records, files, and materials are most important; consider their vulnerability to damage during different types of disasters (such as floods, hurricanes, and earthquakes) and take steps to protect them, including the following:

  • Raising computers above the flood level and moving them away from large windows;
  • Moving heavy and fragile objects to low shelves;
  • Storing vital documents (plans, legal papers, etc.) in a secure off-site location;
  • Regularly backing up vital electronic files (such as billing and payroll records and customer lists) and storing backup copies in a secure off-site location;
  • Securing equipment that could move or fall during an earthquake; and
  • Prior to hurricanes, covering or protecting vital documents and electrical equipment from potential wind-driven rain, which may breech the building envelope through windows, doors, or roof systems.

Additional Tips to Secure Your Business

  • Make sure you are aware of the details of your flood insurance and other hazard insurance policies, specifically which items and contents are covered and under what conditions. Check with your insurance agent if you have questions about any of your policies.
  • When you identify equipment susceptible to damage, consider the location of the equipment. For example, equipment near a hot water tank or pipes could be damaged if the pipes burst during an earthquake, and equipment near large windows could be damaged during hurricanes.
  • Assign disaster mitigation duties to your employees. For example, some employees could be responsible for securing storage bins and others for backing up computer files and delivering copies to a secure location.
  • You may want to consider having other offices of your company or a third-party service provider perform some administrative duties, such as maintaining payroll records or providing customer service.
  • Estimate the cost of repairing or replacing each essential piece of equipment in your business. Your estimates will help you assess your vulnerability and focus your efforts.
  • For both insurance and tax purposes, you should maintain written and photographic inventories of all important materials and equipment. The inventory should be stored in a safety deposit box or other secure location.
  • Periodically evaluate the building envelope to make sure that wind and water are not able to penetrate the building. Do regular maintenance and repairs to maintain the strength of the building envelope.
young female warehouse worker with long hair smiling

Employer Responsibilities & OSHA

2018-05-03
, Human Resources

The following list is a summary of the most important employer responsibilities related to the Occupational Safety and Health Act of 1970:

  • Provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the OSH Act.
  • Examine workplace conditions to make sure they conform to applicable OSHA standards.
  • Make sure employees have and use safe tools and equipment and properly maintain this equipment.
  • Use color codes, posters, labels or signs to warn employees of potential hazards.
  • Establish or update operating procedures and communicate them so that employees follow safety and health requirements.
  • Provide medical examinations and training when required by OSHA standards.
  • Post, at a prominent location within the workplace, the OSHA poster (or the state-plan equivalent) informing employees of their rights and responsibilities.
  • Notify OSHA of all work-related fatalities within 8 hours, and of all work-related in-patient hospitalizations, amputations, or losses of an eye within 24 hours.
  • Keep records of work-related injuries and illnesses. (Note: Employers with 10 or fewer employees and employers in certain industries are exempt from this requirement.)
  • Provide employees, former employees and their representatives access to the Log of Work-Related Injuries and Illnesses (OSHA Form 300).
  • Provide access to employee medical records and exposure records to employees or their authorized representatives.
  • Provide to the OSHA compliance officer the names of authorized employee representatives who may be asked to accompany the compliance officer during an inspection.
  • Not discriminate against employees who exercise their rights under the Act.
  • Post OSHA citations at or near the work area involved. Each citation must remain posted until the violation has been corrected, or for three working days, whichever is longer. Post-abatement verification documents or tags.
  • Correct cited violations by the deadline set in the OSHA citation and submit required abatement verification documentation.
man with beard in trendy office setting staring intently at computer while female coworker watches

OSHA Small Business Programs

2018-04-27
Human Resources

The following information and resources are available from OSHA for small businesses:

OSHA’s Free On-site Consultation Program

OSHA’s free On-site Consultation Program offers free and confidential advice to small and medium-sized businesses in all states across the country, with priority given to high-hazard worksites. On-site Consultation services are separate from enforcement and do not result in penalties or citations. Consultants from state agencies or universities work with employers to identify workplace hazards, provide advice on compliance with OSHA standards, and assist in establishing safety and health management systems. Read more about OSHA’s free On-site Consultation Program.

Compliance Assistance Specialists (CAS)

Each OSHA Area Office in states under federal jurisdiction has a Compliance Assistance Specialist. These staffers respond to requests for help from a variety of groups, including small businesses. CAS’s put on seminars and workshops for small businesses and other groups. They promote OSHA’s cooperative programs, OSHA’s training resources, and the OSHA web site. To read more about Compliance Assistance Specialists and find a directory of CAS’s in your area, click here.

Frequently Asked Questions for Small Business Employers

This area is very important in terms of providing key information related to small business and OSHA.

Penalty Reductions

OSHA considers the size of the employer, among other factors when determining the penalty to be proposed for any violation. The Agency has always had detailed procedures in place for making this determination; they are currently in the OSHA Field Operations Manual (FOM) (OSHA Instruction CPL 02-00-159), which is conveyed to and followed by all compliance staff.

The FOM provides that proposed penalties will be reduced by the following percentages in considering employer size:

  • 60% penalty reduction may be applied if an employer has 25 employees or fewer;
  • 30% if the employer has 26-100 employees; and
  • 10% if the employer has 101-250 employees.

Training and Education

OSHA’s Training Institute (OTI) and OSHA’s Training Education Centers across the country provide basic and advanced courses in safety and health. OSHA’s area offices offer information services, such as audiovisual aids, technical advice, and speakers for special engagements. In addition, the Training Centers have begun offering one-day or one-half-day seminars to increase opportunities for small business employers to attend safety/health training.

Diverse Workforce/Limited English Proficiency (LEP) Coordinators

OSHA’s Diverse Workforce/Limited English Proficiency (LEP) Coordinators assist a variety of groups, including small businesses, trade associations, union locals, and community and faith-based groups with outreach, education and training to Spanish-speaking and other diverse workers. The coordinators are available for seminars, workshops, and speaking events for diverse workers. They promote OSHA’s cooperative programs and Spanish/other-than-English training materials and compliance assistance resources available on the OSHA Web site. There is one Diverse Workforce/Limited English Proficiency Coordinator in each of the ten OSHA Regions. To find the Diverse Workforce/Limited English Proficiency Coordinator in your Region, click here.

Electronic Tools and Resources

  • OSHA eTools are “stand-alone”, interactive, Web-based training tools on occupational safety and health topics. They are highly illustrated and utilize graphical menus. Some also use expert system modules, which enable the user to answer questions, and receive reliable advice on how OSHA regulations apply to their work site.
  • Recordkeeping injury and illness resources.
  • OSHA’s Compliance Assistance Quick Start is a tool to introduce employers and employees, especially those at new or small businesses, to the compliance assistance resources on OSHA’s website.
  • Frequently Cited OSHA Standards is a query tool which allows the user to determine the most frequently cited Federal and State OSHA standards for a given SIC code. The SIC code may be determined by accessing the online SIC Manual.

Publications

OSHA has many publications, including specific topics for small businesses that are available or can be ordered online.

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Small Businesses May Be Able to Keep Existing Health Coverage Through 2019

2018-04-24
Human Resources

Policies Renewed Under Extended Transitional Policy Must End by December 31, 2019

A previously extended transitional policy which allows health insurance issuers, at their option, to continue group coverage that would otherwise be terminated or canceled has been further extended to policy years beginning on or before October 1, 2019, provided that all policies end by December 31, 2019. Health insurance issuers that renew coverage under the extended policy are required to provide standard notices to affected small businesses for each policy year.

Policies subject to the transitional relief will not be considered to be out of compliance with key Affordable Care Act provisions, including:

  • The requirement to cover a core package of items and services known as essential health benefits;
  • The requirement that any variations in premiums be limited with regard to a particular plan or coverage to age, tobacco use, family size, and geography;
  • The requirements regarding guaranteed availability and renewability of coverage; and
  • The requirements relating to coverage for individuals participating in approved clinical trials.
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New Rule Allows Brokers to Further Aid SHOP Enrollment

2018-04-17
, , , , , , Human Resources

Rule Effective for Plan Year 2018

The U.S. Department of Health and Human Services (HHS) has issued a new rule that allows employers to directly enroll in SHOP (Small Business Health Options Program) coverage through a SHOP-registered agent or broker. This enrollment approach is now generally available in federally-facilitated SHOPs (FF-SHOPs), including state-based Exchanges using the federal platform for SHOP, for plan years beginning on or after January 1, 2018. State-based Exchanges operating their own SHOPs can also adopt this new approach.

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Individual Mandate Exemptions Available for 2017 Tax Returns

2018-04-12
, , , , , Human Resources

Affordability, Tax Filing Threshold, and Other Exemptions Available

Under the Affordable Care Act’s (ACA) ”individual mandate” (also called individual shared responsibility) provision, every individual must have minimum essential health coverage for each month, qualify for an exemption, or make a payment when filing his or her federal income tax return for tax year 2017.

Among other exemptions, individuals may claim the following exemptions from the individual mandate by filing Form 8965, Health Coverage Exemptions, along with his or her 2017 tax return:

  • Affordability Exemption: The lowest-priced coverage available to the individual, through either a Health Insurance Marketplace or employer-based group health plan, would have cost the individual more than 8.16% of his or her household income for plan years beginning in 2017, as computed on the tax return.
  • Tax Filing Threshold Exemption: The individual’s gross income or household income was less than the applicable minimum threshold for filing a tax return (see ”2017 Federal Tax Filing Requirement Thresholds”).
  • Short Coverage Gap Exemption: The individual went without coverage for less than three consecutive months during the year.
  • Medicaid Expansion Exemption: The individual’s household income is below 138% of the federal poverty line for his or her family size, and at any time during the year, the individual resided in a state that did not participate in the Medicaid expansion under the ACA. States that did not expand Medicaid for all of 2017 include: Alabama, Florida, Georgia, Idaho, Kansas, Maine, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming.
young African American smiling working in the food industry at deli

Food Service Industry Safety

2018-04-03
, , , Human Resources

Restaurants and other eating and drinking businesses employ millions of people in the United States. The federal Occupational Safety & Health Administration (OSHA) provides resources to help workers in the restaurant industry stay safe and healthy on the job.

Coverage

OSHA’s general industry standards related to foodborne illness generally apply to persons engaged in a business affecting commerce who have employees, but does not include certain public employers (i.e., the federal government, state governments, or political subdivisions of a state).

Note: Twenty-five states, Puerto Rico and the Virgin Islands have OSHA-approved State Plans and have adopted their own standards and enforcement policies. For the most part, these states adopt standards that are identical to federal OSHA. However, some states have adopted different standards applicable to this topic or may have different enforcement policies.

Food Service Employers’ Responsibilities Under OSHA

Key employer requirements include:

  • Furnishing to each of their employees a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to their employees;
  • Informing employees of the existence, location and availability of their medical and exposure records when they first begin employment and at least annually thereafter; and
  • Providing these records to employees or their designated representatives within 15 working days of a request.

Food Service Employees’ Rights Under OSHA

Key employee rights include:

  • Filing a complaint with OSHA if they believe that there are either violations of OSHA standards or serious workplace hazards;
  • Requesting information from the employer on safety and health hazards in the workplace, chemicals used in the workplace, tests the employer has done to measure chemical, noise and radiation levels, precautions the employer should take and procedures to be followed if employees are involved in an incident or are exposed to hazardous chemicals or other toxic substances;
  • Reviewing the Log and Summary of Occupational Injuries and Illnesses (OSHA 300) at a reasonable time and in a reasonable manner or have an authorized representative do so.
    • Note: There are two classes of employers that are partially exempt from routinely keeping injury and illness records. First, employers with 10 or fewer employees at all times during the previous calendar year are exempt from routinely keeping OSHA injury and illness records. OSHA’s revised recordkeeping regulation maintains this exemption. Additionally, establishments in certain low-hazard industries are also partially exempt from routinely keeping OSHA injury and illness records.
  • Accessing relevant exposure and medical records; and
  • Requesting copies of appropriate standards, rules, regulations and requirements that the employer should have available at the workplace.

Food Service Safety Resources

The following resources describe common hazards and potential safety solutions for workers and employers in the food service industry:

Restaurant Youth Worker Safety Tools

State Law Resources

The following links provide food safety standards and/or licensing requirements by state:

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