A Holiday Poem from HR Solutions, LLC
Early last week I met up with Bob
Who a few weeks before had just lost his job
He was like many others in a similar state
Who through no fault of their own had a similar fate
"It's tough out there," I told him while shaking my head
"With so many companies still in the red"
Bob gave me a nod and said, "Everything's fine"
"I'm a different man because of 2009"
"I never before knew how lucky I've been"
"And I bet that sounds crazy" he said with a grin
As I looked at him smiling I knew I had found
A confident man with both feet on the ground
"Being happy in life means more than just work"
"I'll take it in stride and not go berserk"
"My wife she still loves me and my family is great"
"The only bad thing is I've put on some weight"
"2010 will be another great year"
"As I find a new path to take my career"
"No matter what happens I will never lose sight"
"Of what's truly important to make things feel right"
"You need to believe in what makes you unique"
"And make each day count instead of counting the weeks"
"If you get mired in feelings of failure and doubt"
"You will never be clear on what life's all about"
I told him how great it was to see him that day
And how I wished others could see things that way
We both wished each other a happy New Year
And promised to meet again soon for a beer
I found myself smiling as I drove home that night
Knowing people like Bob make the holidays bright
So for those feeling somber here's a holiday toast
"Believing in you" is what matters the most
From all of us at HR Solutions, have a wonderful holiday season and a healthy and prosperous New Year.
Phil
Getting Your House in Order
If your house is like mine at this time of the year there seems to be a never ending list of chores and commitments that come together in a flurry (no pun intended) of activity over 3 or 4 weekends. The ultimate goal is to "get the house in order" for the holidays. Between the decorating, shopping, and family events I forgot to perform my regular inspection of the well pump and hot water heater. When I finally remembered, I found a floor full of water caused a a leaky shut off valve.
Even though it was only an intermittent drip, had I not found it, substantial damage could have occurred. That little drip could have cost me thousands of dollars in damaged property and repairs. Much like a house, businesses need to "get their house in order" for next year. Are any of your policies or practices "leaking"? Does the internal plumbing of your organization need repair? Could what might be a minor HR problem now turn into a nightmare for your business in 2010. Let us help by doing a routine "inspection" of your people issues. Give us a call at 610-287-1162 for more information.
Recent Press Release
Philip S. Brunone, President of Harleysville based HR Solutions, LLC, recently served as a presenter at the CFO Executive Forum sponsored by the accounting firm of Kreischer, Miller. The forum was attended by over eighty financial professionals and addressed the impact of compensation practices and healthcare benefit trends on companies in the Philadelphia region.
HR Solutions, LLC provides human resource outsourcing solutions for small and medium size companies in the tri -state area.
Put Us On Your "To Don't List
Since 1995 HR Solutions has been helping business owners do what they do best....focus on running their business. We can be your human resource department and trusted HR advisor providing services and solutions that protect your company and your employees at a cost you can afford. You have plenty of things on your "to do" list so make a list of things to put on your "to don't" list and give us a call. Let us worry about the laws that may affect you, help you with discipline problems, create programs that let you recruit and retain top talent and most importantly, be there for you when you need our expertise.
Call us at 610-287-1162 today for a free consultation or e-mail me directly at phil@hrsolutionsonline.com. You have my personal promise that we will contact you within 24 hours to schedule your consultation. There is absolutely no obligation.
I look forward to hearing from you!
Saturday, December 26, 2009
Monday, September 7, 2009
Recent Press Release
Philip S. Brunone, President of Harleysville based HR Solutions, LLC, recently conducted a seminar on Managing Human Resources in Today’s Economy for the Lehigh Valley Chapter of the Society of Human Resource Management. The seminar was attended by over sixty human resource professionals and addressed the key components of maintaining an effective company human resource function during difficult economic periods of downsizing, restructuring and cost containment.
HR Solutions, LLC provides human resource outsourcing solutions for small and medium size companies in the tri -state area
HR Solutions, LLC provides human resource outsourcing solutions for small and medium size companies in the tri -state area
Monday, August 3, 2009
HR Help For Your Business
Put Your People in Our Hands
Summer 2009
The Positives of Personal Reinvention
A colleague of mine recently sent me the story of a gentleman who was a successful floor trader from the NYSE who lost his job during the economic downturn. He went from earning well over $300,000 per year to working as a maitre d' of an upscale restaurant where he and his co-workers often went for power lunches. His annual salary was reduced to $25,000 per year and the story went on to describe the ongoing struggle he and his family are experiencing with little or no hope for recovery. This story of "negative reinvention" while heart-wrenching and perhaps even commonplace, continues to perpetuate the message of gloom and doom that permeates our evening news and the front page headlines of our local newspaper. For those in career transition it continues to be a somber reminder of just how difficult it can be to find a new job. I believe my colleague was hoping that somehow this sad story would inspire and motivate the reader into a call to action when in fact it supports what I'll call the "woe is me factor". I'd have attached the full story to this article but I deleted it in a fit of disgust.
A few weeks ago I had the opportunity to speak at an entrepreneurial forum attended by a group of displaced executives. While some of the attendees expected to land a new position in their respective disciplines, the majority of those in attendance were contemplating starting their own business. The power of their desire to positively reinvent themselves was absolutely energizing! As I listened to the former marketing executive discuss her plans to design a line of clothing and the finance executive formulate his intent to assume an Executive Director position in a non-profit organization, I was truly in awe at their confidence,hope and motivation to take advantage of this situation and do what they wanted to do not what they felt they had to do. I realized that each of these professionals had made a conscious decision to take control of their own destiny. Sure there was some apprehension and trepidation but overall their desire to succeed in their respective new ventures far outweighed any fear of failure.
So the next time someone forwards you a story about yet another casualty of the economic downturn feel free to share my experience with the group of new entrepreneurs who elected the route of positive reinvention. I welcome any of you to share your story with me as well so together we can eventually eliminate the "woe is me factor".
Have a healthy and happy summer!
Phil
Mini COBRA Law signed in PA
Last week Governor Rendell signed into law the state's Mini COBRA legislation. Essentially every employer now will be required to offer health insurance continuation post employment and also will be obligated to comply with the Federal subsidy of COBRA under the American Recovery and Reinvestment Act (ARRA).
This law, which becomes effective on July 10, parallels the federal in many ways and specifically has the following provisions:
-Requires employers who employ 2-19 employees and offers health insurance to offer COBRA
-Only applies to Medical Plans (does not include HRAs, FSAs, dental, or vision)
-To be eligible, an employee must have been on the employer's insurance for at
least 3 months prior to the qualifying event
-COBRA qualifying events remain the same as those under Federal regulations
-Eligible for COBRA coverage lasting up to 9 months
-Employers (or their designated administrator) are responsible for notification to eligible individuals
-Assistance Eligible Individuals are included in State COBRA
-Employers may charge up to 105% of the medical premium
-Timeline for getting out notices differs from federal COBRA
The state plan lacks the lookback feature of the federal COBRA Subsidy program in that only individuals terminated on or after July 10th will be eligible to participate. The federal program, enacted in February, allowed participation of individuals separated back to September of 2008.
If you offer health insurance to your employees, and you never offered COBRA before, this new law requires some immediate action on you part. You must provide proper notification, work closely with your insurance carrier and/or broker, know COBRA and ARRA law, create a system to handle premium collection, be aware of COBRA timelines, and understand everything else COBRA entails!
In the same signing ceremony as the Mini COBRA law, the Governor Rendell also enacted a law requiring continued health coverage for dependents until attainment of age 30. Most plans currently remove dependents at age 23 or 25.
While the final provisions and interpretation of this law are still pending, this regulation will allow uninsured, single, adult children up to age 30 to be covered by their parents' health insurance plan. Parents must pay the premiums and the coverage hinges on the employers' willingness to offer the benefit to parents. This bill will go into effect in six months and coverage will be available on a rolling basis after that as contracts are renewed.
Additional requirements for continuation are:
Is not married.
Has no dependents.
Is a resident of this Commonwealth or is enrolled as a full-time student at an institution of higher education.
Is not provided coverage as a named subscriber, insured, enrollee or covered person under any other group or individual health insurance policy or enrolled in or entitled to benefits under any government health care benefits program.
According to the 2008 survey by the Insurance Department, there are 383,298 uninsured Pennsylvanians between ages 19-29, which accounts for 40 percent of the total uninsured population. While not all of these Pennsylvanians would be able to be covered by a parent's policy, this will be an important step to increasing access to health care for this population.
Let HR Solutions help you navigate through this maze of new laws and regulations. Give us a call at 610-287-1162 for a free consultation.
The Case For HR Audits
The top employment attorneys across the country are unanimous in their warning to employers to conduct periodic human resource audits as a proactive defense against wage and hour violations and charges of unfair employment practices. This examination of a company's hiring and pay practices, employment policies and procedures and administrative recordkeeping process are crucial to the protection of businesses in this changing political climate. With the advent of the Ledbetter Pay Act, Employee Free Choice Act, a recently embarrassed Wage and Hour Division and highly labor friendly NLRB the top guns in employment law predict that those who take their human resource practices lightly are likely to subject themselves to costly penalties and investigations that could easily be avoided by simply having an HR audit conducted either internally or by an outside party.
HR Solutions specializes in providing our clients a customized review of your HR practices and procedures designed to insure your compliance with today's ever changing employment law landscape. Let us give you the peace of mind you need to focus on growing your business. Contact us at 610-287-1162 to learn more.
In This Issue
Mini COBRA Law Signed in PA
The Case for HR Audits
www.hrsolutionsonline.com
www.helpmypc.biz
www.hornerassociates.biz
www.streamlinepayroll.net
Put Us On Your "To Don't" List
Since 1995 HR Solutions has been helping business owners do what they do best....focus on running their business. We can be your human resource department and trusted HR advisor providing services and solutions that protect your company and your employees at a cost you can afford. You have plenty of things on your "to do" list so make a list of things to put on your "to don't" list and give us a call. Let us worry about the laws that may affect you, help you with discipline problems, create programs that let you recruit and retain top talent and most importantly, be there for you when you need our expertise.
Call us at 610-287-1162 today for a free consultation or e-mail me directly at phil@hrsolutionsonline.com. You have my personal promise that we will contact you within 24 hours to schedule your consultation. There is absolutely no obligation.
I look forward to hearing from you!
Sincerely,
Phil Brunone
President
HR Solutions, LLC
phone/fax-(610)-287-1162
phil@hrsolutionsonline.com
www.hrsolutionsonline.com
Put Your People in Our Hands
Summer 2009
The Positives of Personal Reinvention
A colleague of mine recently sent me the story of a gentleman who was a successful floor trader from the NYSE who lost his job during the economic downturn. He went from earning well over $300,000 per year to working as a maitre d' of an upscale restaurant where he and his co-workers often went for power lunches. His annual salary was reduced to $25,000 per year and the story went on to describe the ongoing struggle he and his family are experiencing with little or no hope for recovery. This story of "negative reinvention" while heart-wrenching and perhaps even commonplace, continues to perpetuate the message of gloom and doom that permeates our evening news and the front page headlines of our local newspaper. For those in career transition it continues to be a somber reminder of just how difficult it can be to find a new job. I believe my colleague was hoping that somehow this sad story would inspire and motivate the reader into a call to action when in fact it supports what I'll call the "woe is me factor". I'd have attached the full story to this article but I deleted it in a fit of disgust.
A few weeks ago I had the opportunity to speak at an entrepreneurial forum attended by a group of displaced executives. While some of the attendees expected to land a new position in their respective disciplines, the majority of those in attendance were contemplating starting their own business. The power of their desire to positively reinvent themselves was absolutely energizing! As I listened to the former marketing executive discuss her plans to design a line of clothing and the finance executive formulate his intent to assume an Executive Director position in a non-profit organization, I was truly in awe at their confidence,hope and motivation to take advantage of this situation and do what they wanted to do not what they felt they had to do. I realized that each of these professionals had made a conscious decision to take control of their own destiny. Sure there was some apprehension and trepidation but overall their desire to succeed in their respective new ventures far outweighed any fear of failure.
So the next time someone forwards you a story about yet another casualty of the economic downturn feel free to share my experience with the group of new entrepreneurs who elected the route of positive reinvention. I welcome any of you to share your story with me as well so together we can eventually eliminate the "woe is me factor".
Have a healthy and happy summer!
Phil
Mini COBRA Law signed in PA
Last week Governor Rendell signed into law the state's Mini COBRA legislation. Essentially every employer now will be required to offer health insurance continuation post employment and also will be obligated to comply with the Federal subsidy of COBRA under the American Recovery and Reinvestment Act (ARRA).
This law, which becomes effective on July 10, parallels the federal in many ways and specifically has the following provisions:
-Requires employers who employ 2-19 employees and offers health insurance to offer COBRA
-Only applies to Medical Plans (does not include HRAs, FSAs, dental, or vision)
-To be eligible, an employee must have been on the employer's insurance for at
least 3 months prior to the qualifying event
-COBRA qualifying events remain the same as those under Federal regulations
-Eligible for COBRA coverage lasting up to 9 months
-Employers (or their designated administrator) are responsible for notification to eligible individuals
-Assistance Eligible Individuals are included in State COBRA
-Employers may charge up to 105% of the medical premium
-Timeline for getting out notices differs from federal COBRA
The state plan lacks the lookback feature of the federal COBRA Subsidy program in that only individuals terminated on or after July 10th will be eligible to participate. The federal program, enacted in February, allowed participation of individuals separated back to September of 2008.
If you offer health insurance to your employees, and you never offered COBRA before, this new law requires some immediate action on you part. You must provide proper notification, work closely with your insurance carrier and/or broker, know COBRA and ARRA law, create a system to handle premium collection, be aware of COBRA timelines, and understand everything else COBRA entails!
In the same signing ceremony as the Mini COBRA law, the Governor Rendell also enacted a law requiring continued health coverage for dependents until attainment of age 30. Most plans currently remove dependents at age 23 or 25.
While the final provisions and interpretation of this law are still pending, this regulation will allow uninsured, single, adult children up to age 30 to be covered by their parents' health insurance plan. Parents must pay the premiums and the coverage hinges on the employers' willingness to offer the benefit to parents. This bill will go into effect in six months and coverage will be available on a rolling basis after that as contracts are renewed.
Additional requirements for continuation are:
Is not married.
Has no dependents.
Is a resident of this Commonwealth or is enrolled as a full-time student at an institution of higher education.
Is not provided coverage as a named subscriber, insured, enrollee or covered person under any other group or individual health insurance policy or enrolled in or entitled to benefits under any government health care benefits program.
According to the 2008 survey by the Insurance Department, there are 383,298 uninsured Pennsylvanians between ages 19-29, which accounts for 40 percent of the total uninsured population. While not all of these Pennsylvanians would be able to be covered by a parent's policy, this will be an important step to increasing access to health care for this population.
Let HR Solutions help you navigate through this maze of new laws and regulations. Give us a call at 610-287-1162 for a free consultation.
The Case For HR Audits
The top employment attorneys across the country are unanimous in their warning to employers to conduct periodic human resource audits as a proactive defense against wage and hour violations and charges of unfair employment practices. This examination of a company's hiring and pay practices, employment policies and procedures and administrative recordkeeping process are crucial to the protection of businesses in this changing political climate. With the advent of the Ledbetter Pay Act, Employee Free Choice Act, a recently embarrassed Wage and Hour Division and highly labor friendly NLRB the top guns in employment law predict that those who take their human resource practices lightly are likely to subject themselves to costly penalties and investigations that could easily be avoided by simply having an HR audit conducted either internally or by an outside party.
HR Solutions specializes in providing our clients a customized review of your HR practices and procedures designed to insure your compliance with today's ever changing employment law landscape. Let us give you the peace of mind you need to focus on growing your business. Contact us at 610-287-1162 to learn more.
In This Issue
Mini COBRA Law Signed in PA
The Case for HR Audits
www.hrsolutionsonline.com
www.helpmypc.biz
www.hornerassociates.biz
www.streamlinepayroll.net
Put Us On Your "To Don't" List
Since 1995 HR Solutions has been helping business owners do what they do best....focus on running their business. We can be your human resource department and trusted HR advisor providing services and solutions that protect your company and your employees at a cost you can afford. You have plenty of things on your "to do" list so make a list of things to put on your "to don't" list and give us a call. Let us worry about the laws that may affect you, help you with discipline problems, create programs that let you recruit and retain top talent and most importantly, be there for you when you need our expertise.
Call us at 610-287-1162 today for a free consultation or e-mail me directly at phil@hrsolutionsonline.com. You have my personal promise that we will contact you within 24 hours to schedule your consultation. There is absolutely no obligation.
I look forward to hearing from you!
Sincerely,
Phil Brunone
President
HR Solutions, LLC
phone/fax-(610)-287-1162
phil@hrsolutionsonline.com
www.hrsolutionsonline.com
Thursday, May 28, 2009
Spring 2009 Newsletter
Enjoy the Freedom of Career Transition
Well my friends we finally made it through the cold darkness of winter and the even colder darkness that consumed our economy for the past several months. At the time of this writing we are seeing some signs of recovery. Perhaps the cautious optimism some folks are feeling is directly related to the longer days and warmer temperatures that spring brings. Whatever the reason, I am sick and tired of hearing "it's likely to get worse before it gets better". That type of attitude is a self fulfilling prophecy for continued doom and gloom and I won't have any of it! So if that's your mantra, put the saying on a T-shirt and wear it to bed. We optimists can only look forward.
Now that I've gotten that off my chest, my message to you in this issue deals with the emotions of career transition. With unemployment approaching 8% I am sure most of you know someone who has been, or is in career transition. This is the politically correct term for being laid off, downsized, reorganized or having had your position eliminated. Whatever you want to call it, the emotions that accompany it closely match those that people experience when mourning the passing of a loved one. The grieving process of losing your job usually starts with shock, progresses to periods of anger and denial and finally ends with acceptance. I have found that each affected individual has a different threshold and duration of these stages but ultimately everyone I have ever known or helped through this process, has experienced some symptoms of these emotions. The one stage that most folks may not experience for very long (or at all) is the feeling of elation and freedom that comes from being released from a toxic situation. I wish I could bottle this part and distribute it as needed to my friends and colleagues who have lost their jobs. In that bottle lies enhanced self esteem, confidence in your skills and abilities and the drive to reinvent yourself into something bigger and better than you ever were before. It drives you to "move your cheese" and seek out new opportunities with renewed energy and vigor.
Many times we can help our friends and colleagues prolong this stage by focusing on the "wins versus the losses." So if you have the opportunity to meet with someone in career transition, help them "enjoy the freedom" by reinforcing their new career choice or applauding them on their job search efforts. I guarantee it will give them energy, keep their outlook positive and make both of you feel better.
Have a great spring.
Phil
Labor's New Organizing Campaign
In the past several issues I have been discussing the impact of pending legislation designed to forever change the way labor unions can organize a workforce. The Employee Free Choice Act or EFCA is now before the House of Representatives and fully expected to make it through the Senate where it had previously stalled. President Obama has already stated he would sign the bill making EFCA law.
This law will enable unions to organize workers by simply having of majority sign and authorization card. There will be no campaign to educate employees on the impact of unionization and no opportunity for a secret ballot election to accept or reject union representation. So what can you do?
First, if you haven't done so already write to your elected officials in the House and Senate and encourage him/her to vote NO on EFCA.
Second, learn as much as you can about this bill and it's impact on your business and
Third, take a look at your workforce to assess your vulnerability in the event of a union drive.
HR Solutions, LLC is here to help. Call us at 610-287-1162 to arrange for a free consultation to both educate your staff and learn how to prepare for EFCA's arrival.
Here Comes Wage and Hour
By now you may have probably heard the news that the Department of Labor's Wage and Hour Division is under substantial criticism for disregarding wage violations and child labor issues. The new Secretary of Labor, Hilda L. Solis, has authorized the hiring of an additional 250 Field Inspectors in response to this embarrassing event and you can be assured they will be looking to redeem their reputation by cracking down on as many wage and hour violations as they can possibly handle. What this means for business owners is heightened employee awareness of wage issues involving overtime, meal periods, travel time, etc. with strong encouragement to bring these claims to the attention of the agency. In addition you will likely see an increase in field inspection activity where wage and hour representatives make "random visits" to the workplace and demand to see time records, wage and hour postings and mandatory notifications. Now is a good time to make sure your records are in order and your pay practices are in compliance. A little time and effort now will save you the expense of the costly fines and penalties the agency can levy for even the smallest violations. Give us a call at 610-287-1162 to schedule a no obligation pre-audit to review the current state of your wage and hour issues.
Recent Press Release
Philip S. Brunone, President of Harleysville based HR Solutions, LLC, was the co-presenter of a seminar entitled Labor's New Organizing Agenda recently sponsored by the local chapter of the Association of Builders and Contractors. The seminar outlined the potential impact of the pending Employee Free Choice Act legislation on the building trades and was attended by a group of 40 construction related firms operating in the tri-state area.HR Solutions, LLC provides human resource consulting and outsourcing solutions for small and medium size companies in the tri-state area.
Since 1995 HR Solutions has been helping business owners do what they do best....focus on running their business. We can be your human resource department and trusted HR advisor providing services and solutions that protect your company and your employees at a cost you can afford. You have plenty of things on your "to do" list so make a list of things to put on your "to don't" list and give us a call. Let us worry about the laws that may affect you, help you with discipline problems, create programs that let you recruit and retain top talent and most importantly, be there for you when you need our expertise. Call us at 610-287-1162 today for a free consultation or e-mail me directly at phil@hrsolutionsonline.com. You have my personal promise that we will contact you within 24 hours to schedule your consultation. There is absolutely no obligation. I look forward to hearing from you!
Sincerely,
Phil Brunone
President
HR Solutions, LLC
phone/fax-(610)-287-1162
Well my friends we finally made it through the cold darkness of winter and the even colder darkness that consumed our economy for the past several months. At the time of this writing we are seeing some signs of recovery. Perhaps the cautious optimism some folks are feeling is directly related to the longer days and warmer temperatures that spring brings. Whatever the reason, I am sick and tired of hearing "it's likely to get worse before it gets better". That type of attitude is a self fulfilling prophecy for continued doom and gloom and I won't have any of it! So if that's your mantra, put the saying on a T-shirt and wear it to bed. We optimists can only look forward.
Now that I've gotten that off my chest, my message to you in this issue deals with the emotions of career transition. With unemployment approaching 8% I am sure most of you know someone who has been, or is in career transition. This is the politically correct term for being laid off, downsized, reorganized or having had your position eliminated. Whatever you want to call it, the emotions that accompany it closely match those that people experience when mourning the passing of a loved one. The grieving process of losing your job usually starts with shock, progresses to periods of anger and denial and finally ends with acceptance. I have found that each affected individual has a different threshold and duration of these stages but ultimately everyone I have ever known or helped through this process, has experienced some symptoms of these emotions. The one stage that most folks may not experience for very long (or at all) is the feeling of elation and freedom that comes from being released from a toxic situation. I wish I could bottle this part and distribute it as needed to my friends and colleagues who have lost their jobs. In that bottle lies enhanced self esteem, confidence in your skills and abilities and the drive to reinvent yourself into something bigger and better than you ever were before. It drives you to "move your cheese" and seek out new opportunities with renewed energy and vigor.
Many times we can help our friends and colleagues prolong this stage by focusing on the "wins versus the losses." So if you have the opportunity to meet with someone in career transition, help them "enjoy the freedom" by reinforcing their new career choice or applauding them on their job search efforts. I guarantee it will give them energy, keep their outlook positive and make both of you feel better.
Have a great spring.
Phil
Labor's New Organizing Campaign
In the past several issues I have been discussing the impact of pending legislation designed to forever change the way labor unions can organize a workforce. The Employee Free Choice Act or EFCA is now before the House of Representatives and fully expected to make it through the Senate where it had previously stalled. President Obama has already stated he would sign the bill making EFCA law.
This law will enable unions to organize workers by simply having of majority sign and authorization card. There will be no campaign to educate employees on the impact of unionization and no opportunity for a secret ballot election to accept or reject union representation. So what can you do?
First, if you haven't done so already write to your elected officials in the House and Senate and encourage him/her to vote NO on EFCA.
Second, learn as much as you can about this bill and it's impact on your business and
Third, take a look at your workforce to assess your vulnerability in the event of a union drive.
HR Solutions, LLC is here to help. Call us at 610-287-1162 to arrange for a free consultation to both educate your staff and learn how to prepare for EFCA's arrival.
Here Comes Wage and Hour
By now you may have probably heard the news that the Department of Labor's Wage and Hour Division is under substantial criticism for disregarding wage violations and child labor issues. The new Secretary of Labor, Hilda L. Solis, has authorized the hiring of an additional 250 Field Inspectors in response to this embarrassing event and you can be assured they will be looking to redeem their reputation by cracking down on as many wage and hour violations as they can possibly handle. What this means for business owners is heightened employee awareness of wage issues involving overtime, meal periods, travel time, etc. with strong encouragement to bring these claims to the attention of the agency. In addition you will likely see an increase in field inspection activity where wage and hour representatives make "random visits" to the workplace and demand to see time records, wage and hour postings and mandatory notifications. Now is a good time to make sure your records are in order and your pay practices are in compliance. A little time and effort now will save you the expense of the costly fines and penalties the agency can levy for even the smallest violations. Give us a call at 610-287-1162 to schedule a no obligation pre-audit to review the current state of your wage and hour issues.
Recent Press Release
Philip S. Brunone, President of Harleysville based HR Solutions, LLC, was the co-presenter of a seminar entitled Labor's New Organizing Agenda recently sponsored by the local chapter of the Association of Builders and Contractors. The seminar outlined the potential impact of the pending Employee Free Choice Act legislation on the building trades and was attended by a group of 40 construction related firms operating in the tri-state area.HR Solutions, LLC provides human resource consulting and outsourcing solutions for small and medium size companies in the tri-state area.
Since 1995 HR Solutions has been helping business owners do what they do best....focus on running their business. We can be your human resource department and trusted HR advisor providing services and solutions that protect your company and your employees at a cost you can afford. You have plenty of things on your "to do" list so make a list of things to put on your "to don't" list and give us a call. Let us worry about the laws that may affect you, help you with discipline problems, create programs that let you recruit and retain top talent and most importantly, be there for you when you need our expertise. Call us at 610-287-1162 today for a free consultation or e-mail me directly at phil@hrsolutionsonline.com. You have my personal promise that we will contact you within 24 hours to schedule your consultation. There is absolutely no obligation. I look forward to hearing from you!
Sincerely,
Phil Brunone
President
HR Solutions, LLC
phone/fax-(610)-287-1162
Tuesday, February 17, 2009
Winter Newsletter
Dear Colleague,
The holiday season is behind us and I hope yours was as enjoyable as mine. Even though my children are grown and on their own there is still something magical about having them at home for a few days. Hearing them laugh, argue and stumble in late at night after being out with friends is well worth the disruption to my "empty nest" lifestyle. I can't help but remember the holidays gone by, traditions that somehow remain to this day (like making, and usually burning, cinnamon buns on Christmas morning) and the overall sense of well being that accompanies these memories.That sense of well being transfers into the New Year when I reflect on the past and look toward the immediate future. We are entering into historic times with a new president, an economy in recession and a labor market with unemployment poised to rise to record levels. There are myriad reasons to feel anxious and downright scared with the uncertainty that swirls around us as our basic needs of security and shelter are threatened. Yet I find my spirits soaring when I think of the opportunities we have to move in a new direction, foster new ideas and improve things that perhaps we took for granted in the past. Needless to say my wife questions my sanity in this regard but I am definitely a "glass half full" type of person and I have given up trying to convert her in the 30 years we've been married.
The reason for my positive outlook is simple. I have met many executives and business owners who have transcended economic difficulty by visioning their way to continued success. I can't say I know who first introduced this concept but one definition of visioning describes it as a process to create a compelling picture of desirable future states that often represent quantum changes from the past. Successful visionaries are able to develop memorable imagery and stories about the nature and benefits of this future, and work backwards to understand the journey that could carry people to this vision. There are plenty of critics on this process who define the exercise as "plaque material" to be displayed on a plaque or sign in the front lobby but I have witnessed, and been a part of some wonderful visioning that engages people in an exploration of possibilities, using different ideas to identify possible futures, and engaging leadership directly in the process can be extraordinarily energizing for an organization. It can help an organization break out of overly constrained view of the future and is a powerful way of tying values to action. Much like a professional athlete who envisions winning a race, hitting a home run or delivering a perfect touchdown pass, it's an exciting thing to watch an organization create a vision from a raw idea and make it reality.So why not take some time and try this out. I'm already visioning a prosperous 2009 for all of you so I already know it will happen. Come along for the ride.My best wishes for a healthy and prosperous New Year.
Phil
The Power of Wage and Hour
I recently attended a presentation that was really scary for the small business owner. According to statistics compiled by a national lawfirm there is a new interest in small wage and hour cases and plaintiff attorneys are finding that it is just as financially beneficial to present claims against fifty or a hundred small companies rather than spending the time and money to bring class actions claims against one "Walmart" of the world. Sure if you win against the big kahuna you could make millions but it could take years and hours and hours of dedicated time. Instead, this new breed of plaintiff lawyer is not looking for the companies with 1,000 employees--they're happy to find 10 or 15 employees working off the clock or due unpaid overtime. Here's how it works.
You take ten employees, each owed 5 hours of overtime a week, for two years (or three years if the violation is "willful"), then double the back pay for liquidated damages, that makes it extremely worthwhile for an employee to bring a charge. The attorney gets his or her hourly fee for time expended on the case--not a percentage as with most contingency arrangements. So the employee might get $10,000 but the attorneys' take could easily amount to as much as $100,000. For most EEOC or Title VII claim, you have to have 15 employees, but for wage and hour Fair Labor Standards Act violations, just one employee is enough. What it means is that companies of nearly any size (with a minimum $500,000 in revenue) are vulnerable to lawsuits.
The FLSA requires that every employee must be paid overtime unless he or she falls into one of the exemption classifications. Here are some of the common misconceptions I often hear when doing an HR audit.
"We pay everyone in the office on a salary basis." Well that's just not possible and in the eyes of the wage and hour laws titles don't mean anything. In these situations, someone is non-exempt.
"We don't have to pay overtime because we pay salaries." Again, this will not fly. Unless the people are exempt based on one of the exemption categories, they are owed overtime.
"Our system automatically deducts for meal breaks." Many employers let their timekeeping systems automatically deduct for breaks or meal times. This is dangerous since invariably, your system will deduct time that the person is working.
"We don't have to pay overtime as long as people only work 80 hours in a two-week period." There is another misconception so don't try using that one to defend yourself. The law requires overtime to be calculated on a weekly basis. So if that 80 divides 30 hours one week and 50 hours the next, you owe 10 hours of overtime for the second week.
"Our construction estimator is exempt." Many jobs sound as though they might qualify for the administrative exemption, but don't. For example, construction estimators, controllers, and customer service reps. If their jobs are routine, for example, just plugging numbers into a spreadsheet, or reading answers off a prepared script. they are probably non-exempt. However, working supervisors like call center managers, nursing home supervisors, and foremen, may qualify for exemption if they are part of decisions, have the authority to decide when they switch to performing nonexempt duties, and remain responsible for the success or failure of business operations.
Let HR Solutions help you pay close attention to wage and hours issues. Our audit specialists can make sure your business is protected from costly wage and hour claims through our comprehensive review of your pay practices. Contact us at 610-287-1162 for free consultation. It's worth the phone call.
The Employee Free Choice Act- What You Need To Know
In previous issues I mentioned the Employee Free Choice Act or EFCA. Essentially EFCA or "Card Check" as it is also known, if enacted, will amend the National Labor Relations Act and change the way unions can organize a workforce by eliminating the secret ballot voting that is currently required. Simply put employees will lose the right to confidentially choose for or against union representation. The union only needs to have a majority of employees sign a card authorizing the union to represent them and the employer is then required by law to begin negotiating a collective bargaining agreement. HR Solutions, LLC is proud to be a member of the Association of Builders and Contractors. ABC is committed to educating all businesses about EFCA since this legislation if passed, will not only affect the building trades but any business in any industry. By law any union can attempt to organize any group of workers it chooses. That means that any type of employee in any industry could be unionized. If the EFCA is enacted and enough cards are signed I believe we will see a dramatic increase in union activity and many workers may be affected. Having worked in a union environment for many years I am not anti-union, however, I am opposed to losing my freedom of choice and am against any employee feeling threatened, intimidated or coerced into signing something against their will. If you would like more information on the Employee Free Choice Act and how you can educate your employees on this pending legislation please contact us for a no obligation consultation or check out the ABC website at www.abcsepa.org.
Dear Colleague,
The holiday season is behind us and I hope yours was as enjoyable as mine. Even though my children are grown and on their own there is still something magical about having them at home for a few days. Hearing them laugh, argue and stumble in late at night after being out with friends is well worth the disruption to my "empty nest" lifestyle. I can't help but remember the holidays gone by, traditions that somehow remain to this day (like making, and usually burning, cinnamon buns on Christmas morning) and the overall sense of well being that accompanies these memories.That sense of well being transfers into the New Year when I reflect on the past and look toward the immediate future. We are entering into historic times with a new president, an economy in recession and a labor market with unemployment poised to rise to record levels. There are myriad reasons to feel anxious and downright scared with the uncertainty that swirls around us as our basic needs of security and shelter are threatened. Yet I find my spirits soaring when I think of the opportunities we have to move in a new direction, foster new ideas and improve things that perhaps we took for granted in the past. Needless to say my wife questions my sanity in this regard but I am definitely a "glass half full" type of person and I have given up trying to convert her in the 30 years we've been married.
The reason for my positive outlook is simple. I have met many executives and business owners who have transcended economic difficulty by visioning their way to continued success. I can't say I know who first introduced this concept but one definition of visioning describes it as a process to create a compelling picture of desirable future states that often represent quantum changes from the past. Successful visionaries are able to develop memorable imagery and stories about the nature and benefits of this future, and work backwards to understand the journey that could carry people to this vision. There are plenty of critics on this process who define the exercise as "plaque material" to be displayed on a plaque or sign in the front lobby but I have witnessed, and been a part of some wonderful visioning that engages people in an exploration of possibilities, using different ideas to identify possible futures, and engaging leadership directly in the process can be extraordinarily energizing for an organization. It can help an organization break out of overly constrained view of the future and is a powerful way of tying values to action. Much like a professional athlete who envisions winning a race, hitting a home run or delivering a perfect touchdown pass, it's an exciting thing to watch an organization create a vision from a raw idea and make it reality.So why not take some time and try this out. I'm already visioning a prosperous 2009 for all of you so I already know it will happen. Come along for the ride.My best wishes for a healthy and prosperous New Year.
Phil
The Power of Wage and Hour
I recently attended a presentation that was really scary for the small business owner. According to statistics compiled by a national lawfirm there is a new interest in small wage and hour cases and plaintiff attorneys are finding that it is just as financially beneficial to present claims against fifty or a hundred small companies rather than spending the time and money to bring class actions claims against one "Walmart" of the world. Sure if you win against the big kahuna you could make millions but it could take years and hours and hours of dedicated time. Instead, this new breed of plaintiff lawyer is not looking for the companies with 1,000 employees--they're happy to find 10 or 15 employees working off the clock or due unpaid overtime. Here's how it works.
You take ten employees, each owed 5 hours of overtime a week, for two years (or three years if the violation is "willful"), then double the back pay for liquidated damages, that makes it extremely worthwhile for an employee to bring a charge. The attorney gets his or her hourly fee for time expended on the case--not a percentage as with most contingency arrangements. So the employee might get $10,000 but the attorneys' take could easily amount to as much as $100,000. For most EEOC or Title VII claim, you have to have 15 employees, but for wage and hour Fair Labor Standards Act violations, just one employee is enough. What it means is that companies of nearly any size (with a minimum $500,000 in revenue) are vulnerable to lawsuits.
The FLSA requires that every employee must be paid overtime unless he or she falls into one of the exemption classifications. Here are some of the common misconceptions I often hear when doing an HR audit.
"We pay everyone in the office on a salary basis." Well that's just not possible and in the eyes of the wage and hour laws titles don't mean anything. In these situations, someone is non-exempt.
"We don't have to pay overtime because we pay salaries." Again, this will not fly. Unless the people are exempt based on one of the exemption categories, they are owed overtime.
"Our system automatically deducts for meal breaks." Many employers let their timekeeping systems automatically deduct for breaks or meal times. This is dangerous since invariably, your system will deduct time that the person is working.
"We don't have to pay overtime as long as people only work 80 hours in a two-week period." There is another misconception so don't try using that one to defend yourself. The law requires overtime to be calculated on a weekly basis. So if that 80 divides 30 hours one week and 50 hours the next, you owe 10 hours of overtime for the second week.
"Our construction estimator is exempt." Many jobs sound as though they might qualify for the administrative exemption, but don't. For example, construction estimators, controllers, and customer service reps. If their jobs are routine, for example, just plugging numbers into a spreadsheet, or reading answers off a prepared script. they are probably non-exempt. However, working supervisors like call center managers, nursing home supervisors, and foremen, may qualify for exemption if they are part of decisions, have the authority to decide when they switch to performing nonexempt duties, and remain responsible for the success or failure of business operations.
Let HR Solutions help you pay close attention to wage and hours issues. Our audit specialists can make sure your business is protected from costly wage and hour claims through our comprehensive review of your pay practices. Contact us at 610-287-1162 for free consultation. It's worth the phone call.
The Employee Free Choice Act- What You Need To Know
In previous issues I mentioned the Employee Free Choice Act or EFCA. Essentially EFCA or "Card Check" as it is also known, if enacted, will amend the National Labor Relations Act and change the way unions can organize a workforce by eliminating the secret ballot voting that is currently required. Simply put employees will lose the right to confidentially choose for or against union representation. The union only needs to have a majority of employees sign a card authorizing the union to represent them and the employer is then required by law to begin negotiating a collective bargaining agreement. HR Solutions, LLC is proud to be a member of the Association of Builders and Contractors. ABC is committed to educating all businesses about EFCA since this legislation if passed, will not only affect the building trades but any business in any industry. By law any union can attempt to organize any group of workers it chooses. That means that any type of employee in any industry could be unionized. If the EFCA is enacted and enough cards are signed I believe we will see a dramatic increase in union activity and many workers may be affected. Having worked in a union environment for many years I am not anti-union, however, I am opposed to losing my freedom of choice and am against any employee feeling threatened, intimidated or coerced into signing something against their will. If you would like more information on the Employee Free Choice Act and how you can educate your employees on this pending legislation please contact us for a no obligation consultation or check out the ABC website at www.abcsepa.org.
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