People Processes

[youtube https://www.youtube.com/watch?v=Owy-xuAGWFU] Today’s episode explains President Trump’s recent executive order to extend pandemic unemployment benefits, student loan payment deferrals, eviction protections, and payroll tax cuts in the wake of COVID-19. One of the new benefits allows for $400 per week into December, compared to the previous unemployment insurance of $600. President Trump explained that states will be covering 25% or $100 per week per individual. Another of the memorandums issued addresses student loan payment deferrals. Payments on federal loans were suspended through September, and Trump’s memorandum seeks to extend payments through the end of 2020. Lastly, Trump issued a memorandum deferring payroll tax obligations through 2020, advising the Treasury Department to allow employers to defer payments for the employee portions of specific payroll taxes. Generally, federal funding is controlled by Congress, leading to potential challenges for these executive actions. With regard to the

[youtube https://www.youtube.com/watch?v=5ojro6EBuw8&w=560&h=315] In this episode, we answer four common questions regarding harassment in the workplace. We received a complaint about harassment. How should we respond? When a company suspects that an employee has violated its harassment or discrimination policy, we recommend conducting a complete (and well-documented) investigation into the allegations. This includes speaking with the employee who made the complaint, the accused employee, and any witnesses they name. A memo summarizing the findings should be placed in the accused employee’s file. Take the appropriate action, whether it is to terminate the accused employee or to conduct corrective measures such as a written warning and additional training on the company harassment policy. It is often prudent to consult with legal counsel upon receipt of any allegations of harassment or discrimination. We had an employee claim she was harassed by a coworker, but instead of coming to management, she post

[youtube https://www.youtube.com/watch?v=nTCyKVzjues] Today’s episode summarizes all we have discussed regarding the FLSA exemption and provides an assessment that we recommend you perform with every single one of your employees. Even if the information you write down is not entirely accurate, simply having this information on paper for each of your employees makes a huge difference whenever a situation calls for you to recall these critical factors. On each evaluation sheet, provide the following information: Name Job category/ID Name and title of the evaluator Company name and tax ID Direct supervisor’s name (if applicable) Date of evaluation There are eight categories under which employees can qualify as exempt: Administrative exemption Learned professional exemption Creative professional exemption Computer employee exemption Outside sales exemption Highly-compensated employee exemption Business owner exemption Executive exemption On your evaluation sheet, respond “yes” or “no” to each of the listed statem

[youtube https://www.youtube.com/watch?v=s2c6Zy4kgM8] In Part 3 of our series on understanding FLSA exemptions, we went over the qualifications for the professional employee exemption. In Part 4, we will cover the computer employee, outside sales employee, and highly-compensated worker exemption. To qualify for the computer employee exemption, the following tests must be met: The employee must be compensated either on a salary or fee basis at a rate not less than $684 per week (as of 2020) or, if compensated on an hourly basis, at a rate not less than $27.63 an hour. The employee must be employed as a computer systems analyst, computer programmer, software engineer, or other similarly skilled workers in the computer field performing the duties described below. The employee’s primary duty must consist of: The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications. The design, development, documentation, an

[youtube https://www.youtube.com/watch?v=9wvWuy0oBhU] In Part 2 of our series on understanding FLSA exemptions, we went over the qualifications for the administrative employee exemption. In Part 3, we will cover the professional exemption. There are two general types of exempt professional employees: learned professionals and creative professionals. To qualify for the learned professional employee exemption, all of the following tests must be met: The employee must be compensated on a salary or fee basis at a rate not less than $684 per week (as of 2020). The employee’s primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment. The advanced knowledge must be in a field of science or learning. The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction. To qualify for the creative professional

[youtube https://www.youtube.com/watch?v=SMr29G6SAUw]    In Part 1 of our series on understanding FLSA exemptions, we went over what an exempt employee is, what you can and cannot do to their pay, and why you may want to have an exempt employee. In Part 2, we are deep-diving into the administrative exemption. To qualify for the administrative employee exemption, all of the following tests must be met: The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $634 per week (as of 2020). The employee’s primary duty must be the performance of office or nonmanual work directly related to the management or general business operations of the employer or the employer’s customers, and The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.  For those who operate educational establishments, the administrative exemption is also available to employees compensated on a salary or

In this episode, we break down salaried versus hourly pay. This is going to be Part 1 of 5 for our weeklong coverage of the exempt and non-exempt from the Fair Labor Standards Act (FLSA). The Fair Labor Standards Act (FLSA) requires that most covered employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. There are a few exemptions, all of which fall under the general class of “white-collar employee” (which does not appear anywhere in the FLSA but is recognized as the short-hand term). The FLSA and associated Department of Labor regulations exempt employees employed as bona fide executive, administrative, professional, and outside sales employees, certain computer employees. To qualify for an exemption, employees generally must meet certain tests regarding their job duties and compensation. For the FLSA exemptions to apply, an employee generally must be paid on

In Part 2 of this six-part series, we go into further discussion on employee classification with regards to independent contractors vs employees. We will start by covering the other two other tests which the NLRA uses to determine the employer-worker relationship: The Fair Labor Standards Act (FLSA) Economic Realities Test and the Discrimination Statutes Test. The FLSA Economic Realities Test may apply only to workers designated as employees, not independent contractors. Thus, the proper classification of workers is critical to determine the application of these laws. The employer-employee relationship under the FLSA is tested by economic reality rather than technical concepts. The test examines factors focused on the total activity or situation of the relationship. An employee is one who is dependent upon the business to which the individual renders service The amount of workers’ investment in facility and equipment The nature of degree and control by the principal The amount of initiative, judgment, or fore

In this episode, we discuss the new Q&A released by the Department of Labor around Coronavirus, particularly with regards to labor-related scenarios. QUESTION #1: How many hours is an employer obligated to pay an hourly employee who works a partial week because the employer’s business is closed? Under the Families First Coronavirus Response Act (FFCRA), an employer has obligations to provide leave in a variety of cases. But what if you have to close your business? The Fair Labor Standards Act (FLSA) generally applies to the hours actually worked. It does not require employers who are unable to provide work to nonexempt employees to pay them for hours the employees would have otherwise worked. QUESTION #2: If an employer directs salaried exempt employers to take a vacation or leave without pay during office closures due to a public health emergency, does this impact the employee’s exempt status? No. Exempt employees who are salaried generally must receive their full salary in any week that they perform any

[youtube https://www.youtube.com/watch?v=8fkIAe7X-VQ] In this episode, we discuss the Affordable Care Act in 2020. This year’s changes include the suspension of the penalty for the individual mandate. While the penalty is now $0, note that it is still illegal to not have health insurance. The affordability percentages have likewise changed as of July 2020. We will go into the affordability requirement under the ACA. There are three contexts to the affordability of an employer’s plan which have recently changed: The employer shared responsibility penalty for applicable large employers (also known as the payor play rules or employer mandate) An exemption from the individual mandate tax penalty for individuals who fail to obtain health coverage The premium tax credit for low-income individuals to purchase health coverage through an Exchange Today, we will focus on the first and the last of these changes. The Affordable Care Act applies to individuals, as well as employers with more than 50 full-time equivalents.

What is the Difference Between Form 1099-MISC and Form 1099-NEC? In Part 2 of this six-part series, we discuss the important differences between Form 1099-MISC and Form 1099-NEC which made its return in the 2020 tax year after a 38-year absence. Form 1099-MISC, meaning Miscellaneous Income, is an information return that businesses use to report payment types, such as payments made to independent contractors. You can also use Form 1099-MISC to report other payments, like royalties and rents. It is similar to a Form W-2, but specifically for independent contractors. Form 1099-NEC, meaning Nonemployee Compensation, is not a replacement for Form 1099-MISC. It is only used in place of Form 1099-MISC for reporting independent contractor payments starting in 2020. Form 1099-NEC was brought back after 38 years to separate nonemployee expenses and clear up confusion for both the taxpayer and the IRS. Nonemployee compensation uses the following payment types to independent contractors: ●  Fees ●  Co

In this six-part series, we take a look at employee classification. When looking to hire for your business, it’s important to look at whether you’ll be taking on an independent contractor or a traditional employee. You’ll also need to decide whether the job is going to be FLSA Exempt or nonexempt and, finally, whether you’re hiring for a full-time or part-time position. In Part 1, we discuss why people misclassify employees and outline the ways we distinguish between employees and independent contractors. Why is employee classification important? Consider this: Depending on the state, 10% to 20% of employers misclassify at least one employee, which has huge financial repercussions and is the most likely Department of Labor complaint a small business will face. Independent contractors (not to be confused with employees under contract) are employees who have contractual agreements to complete jobs and have complete control over their job performance. They reduce human resources, payroll, bookkeeping expenses as

Every business has put together multi-year strategies, and from there worked backward to establish short-term goals. With the unexpected impact of COVID-19, many of these big picture plans lost steam. This is particularly true for small businesses. While a number of larger companies may have the resources to continue to scale in spite of the current situation, a good amount of those operations with no more than a few dozen employees are fighting just to survive. How can companies of any size adapt their vision and execution to the unique challenges affecting 2020 and beyond? Today’s guest answers that question. We have interviewed Kathy Bowman Atkins, Founder, and CEO of The Lattitude Group. She helps other CEOs and business leaders set the course for their business. She has perfected the process for change and does something that most consultants don’t: follow-up and follow-through. 1) What led you to where you are now professionally? Like many other consultants, I started my career in corporate America and

Everything that happens in life is neutral until you put a label on them. Listen in as today’s guest shares how he was able to turn a near-death experience into a catalyst that shaped his life’s purpose: to help corporate leaders and their people build resiliency. We have interviewed Michael O’Brien, executive business coach, TEDx speaker, author, and Chief Shift Officer at Peloton Executive Coaching. His mission? To help leaders prevent bad moments from turning into a bad day. 1) Can you recall your worst day as a leader and entrepreneur? A couple of stories come to mind. My “last bad day” was when I got hit head-on by an SUV when I was out on a bike training ride. Another one was early on in my entrepreneurial life. I spent 22 years in corporate America. The last job I held was General Manager for sales and marketing operations for a global pharmaceuticals company. I was doing pretty well, but I decided to follow my purpose and passion by starting my executive coaching career. In 2016 I was a year and a hal

Turbulent times paralyze the majority. The remaining few see strife as an opportunity to claim what many are not able to see just yet. We see this playing out today in the business world, a few months into the world-shaking effects of COVID-19. While countless companies have folded, others have embraced the realities of VUCA and steered their strategy toward rebuilding their teams through strengthening their employment culture and maximizing relevant technology. What exactly are these companies doing to thrive in the New Normal? Today’s guest answers that question. We have interviewed Ira Wolfe, workplace futurist, recruitment marketing strategist, employee selection expert, author, TEDx speaker, and President of Success Performance Solutions since the company’s inception in 1996. 1) What is VUCA and how does this idea give us a peek at the future of work? VUCA originated in the early 90s following the fall of the Berlin Wall. The U.S. military realized that the world was changing fast and that our enemies wo

Focus the organization and fuel the people. It’s easy for leaders in business to get caught up in managing others and accomplishing tasks over connection and introspection. As we learn in today’s episode, 77% of leadership comes from who a leader is, and not what they do. Our guest presents a case—backed up by industry data and statistics—for becoming inwardly sound and others-focused as the two key traits of the most efficient and effective leaders. We have interviewed Tim Spiker, a leadership advisor, author of The Only Leaders Worth Following (2019), and the founder and President of The Aperio. 1) What role do systems and processes play in your who, not what principle? There is a process by which people can grow and develop into better human beings. When we look at leadership development, our process is aimed at making people more well-developed human beings because it creates a better bottom-line result. 2) What’s the broad idea behind how “77% of leadership comes from who a leader is, and not what they d

Spend your energy wisely. Automation, and any other duplicatable process, allows you to minimize the time it takes to execute your processes and frees up time for you and your team to think about how you can improve those same processes. The more value you can extract from a single hour of your day, the greater the outcome that you are ultimately trying to achieve as a company. Conducting one-on-ones with every single member of your team not only creates a culture of transparency; it potentially transforms the quality of your output almost overnight. But how can you incorporate one-on-ones in a repeatable, time-efficient way? Today’s guest answers that question. We have interviewed Stephanie Scheller, the founder of Grow Disrupt, to discover best practices for setting up a system that allows you to spend your energy entirely on what you love to do while keeping your business growing. 1) What led you to become a business and leadership coach? I’ve always had this obsession with processes, even when I was young

[vimeo 430717492 w=640 h=360] https://vimeo.com/430717492 (PPP Forgiveness New App Walkthrough) from https://vimeo.com/user11614220 (People Processes) on https://vimeo.com (Vimeo). I'm going to show you a little bit about the New PPP Forgiveness Applications. There are now two of them. One an EZ version, one a full version, we're going to talk about which one you should use, and then we'll walk through them.  So to get started, we have the four documents that you need to download. I'll include them in the email that you probably got when you're looking at this. There is a forgiveness calculation form. You can consider this the full application. It's only five pages, but it's got some complexity to it. The 3508EZ, which is the quick and EZ form, just three pages, and then there are instructions for each one. So let's start with instructions for how to choose which form to use. If you fall under at least one of the three boxes below, at least one, you can do the EZ form, you do not submit the instructions

We're gonna be talking about two things that have happened in the last week. On June 15th, the Supreme Court issued some landmark federal civil rights laws, rulings that have affected Title VII of the Civil Rights Act of 1964. It prohibited discrimination based on sex. But they have now determined that that includes gay and transgender employees. So we're gonna talk about how that affects things. However, on June 12th, the US Department of Health and Human Services issued a final rule implementing Section 1557. That's a civil rights provision of the Affordable Care Act that's related to nondiscrimination in all federally funded health care.  So what are these things do? Alright. Section 1557 on the ACA limited the ways you discriminate internally with benefits. So benefits can't unduly benefit men over women, different races, those sorts of things. In the original language, it also included gender identity and termination of pregnancy as being included in sex discrimination. And it had a requirement that

[vimeo 422432919 w=640 h=360] https://vimeo.com/422432919 (People Processes Podcast: OSHA Strikes Back) from https://vimeo.com/user11614220 (People Processes) on https://vimeo.com (Vimeo). And today, we're going to be taking a look at some new OSHA updates that have come down the way. So let's dive right in. So the first thing to know is that during the COVID-19 crisis, OSHA has been heavily criticized for its lack of response, they've been considered missing in action by many people who watch the industry. What has happened is that they are now going to start enforcing COVID-19 reporting for all employers across the United States. So as non-essential workplaces have begun to reopen or prepare to reopen across the country, OSHA has updated its guidance to provide for more on-site inspections and enforce record-keeping and reporting requirements against all employers. This again comes because they've been criticized. And so what happened on May 18th is the AFL-CIO largest union in the world, I believe at least