Archive for November, 2009

Effective Time Management Can Boost Productivity

Friday, November 27th, 2009

Most people will agree that there is never enough time in a 24-hour day. If there were ten more hours added to each day, would we still have enough time to accomplish what we want? While we will never know the answer, according to the monthly publication, “Communication Briefing,” there are five major time-wasters that we can improve upon. If managed correctly, you may find lost time and dramatically improve your productivity – both at home, and at the office.

  1. Spreading yourself too thin.  We can all relate to trying to accomplish everything in a short window of time. However, trying to complete so many things at once can be an unrealistic expectation. Suggestion- Prioritize the tasks that must be completed everyday or hourly. When prioritizing your day, get the most important items done first. This will help you accomplish all of your assignments set aside for the day. You will also feel great satisfaction when tasks are accomplished. A key to prioritizing your day is to schedule some open-time for unforeseen deadlines that could shift your day.
  2. Being afraid to delegate.  Delegating tasks that do not require your full attention is important in managing your time. I have heard many people say that it is easier to do it themselves. Well, this misconception can be overwhelming and stressful. Delegating allows for time to be freed up so that the most important items may be completed. Not delegating to trusted employees is, also, a missed opportunity for providing feedback and/or development for employees who you are grooming. In addition, the delegator does not have to lose full control of the tasks, since they can always review the assignment and make final edits prior to completion.
  3. Not wanting to say “no” to requests. There is no way to say “yes” to every request while trying to manage your own responsibilities. Make a decision of what you must and want to do. Then say “no” to all other request. This will empower you to be the manager of your time, while not setting unrealistic expectations to you or the person that is requesting something from you.
  4. Being tied to the phone.   There are many things that you can do to ensure that your time is not monopolized on the phone. You may have someone screen your calls, use a voicemail system when you don’t want to be disturbed, or schedule phone time to make/return calls.
  5. Procrastinating.  There are a number of reasons why we procrastinate; we may feel like the assignment is so unpleasant that it is a chore or, the task is too large. Assignments that are unpleasant should be accomplished first; this will get them out of the way, so that you can spend time on tasks that are not boring. For larger tasks, dividing them into smaller pieces will help make it manageable. Also, remember to incorporate what you learned in steps 1-4. For example, after dividing the project into smaller pieces, allocate time on your schedule to work on the project, delegate portions of the assignment that you are comfortable with delegating, be prudent with your time by saying “no” to assignments that do not require your attention and watch the amount of time that you are spending on the phone.

Remember, managing your time is something that can be only mastered with practice and organization. It is important to reward yourself when you have reached milestones. You may define your milestones in many ways. One can be recognition for having more freed-up time then the previous week or that you trained an employee, because you delegated effectively.

What to Look for When Selecting a PEO Part 2 – NAPEO’s Guidelines

Thursday, November 26th, 2009

Our post yesterday provided an overview of Professional Employer Organizations, and the role they play in supporting small business. Today we will review the National Association of PEO’s (NAPEO) recommended guidelines in working with a PEO.

NAPEO Guidelines

NAPEO, in particular, provides prospective clients with a few guidelines to help them seek out the services of a PEO. Some of these guidelines include:

a) Assess the needs of your company first. Since there are now several PEO companies specializing in different branches, it is imperative that you know exactly what your company needs so that you will not have to pay for services that you don’t really need. Determine your HR and risk management needs, and try to compare the services being offered by the PEO companies.

b) Meet every potential PEO provider. Although there seems to be a lot of PEO companies that are willing to provide you with internet based communication, it will be best that you try to meet these people so that you can gauge their legitimacy and their capability to perform the tasks you need. Other gauges of legitimacy may include:

i. Professional references from clients and colleagues

ii. PEO background – you can check whether the PEO has a history of business competency, actual business certification, permit to operate in the state or country they are based, affiliation to the NAPEO or ESAC, etc.

c) Review the written agreement thoroughly, and preferably have the company’s retained lawyer give you a read-through. There is a difference between a verbal agreement and a written contract. Make sure that you know exactly what you are signing, and if you have any questions about certain policies or feel that the contract should be giving you more, then ask your lawyer (or the PEO) company.

A professional employer organization can certainly be a boon to many companies, but only if yours really needs the services offered, and you have thoroughly checked the contract. Make sure that you are getting what you want and that there are no hidden costs that you are unaware of. If everything is fine, then PEOs can save you a lot of money in providing professional help in areas of employment in which you either lack the skills to carry out properly, or would cost you too much to set up a department to handle.

What to Look for When Selecting a PEO

Wednesday, November 25th, 2009

True to form, when an emerging business trend proves itself successful with lots of room for growth and improvement, there are many factions that eventually branch out as a result of that trend. A very concrete example of this is outsourcing, with PEO as the branching faction. The establishment of PEO, or professional employer organization, is one way of stabilizing the outsourcing industry through regulations and enforced compliance.

What is a PEO?

The PEO industry is a business model for outsourcing human resource services. PEOs, also known as employee leasing or staff leasing in some business circles, provide administrative services for tasks such as human resources, the handling of employee benefits, payroll, and workers’ compensations. The industry has consistently experienced 20% annual growth over the past decade as state and federal regulations continue to grow and become more complex. Particularly in specific states such as California, were labor laws are extremely complex and differ from federal guidelines, California PEO and California employee leasing firms have sustained consistent growth in the marketplace.

In a PEO relationship, the employees of the client worksite are “transferred” to the payroll of the PEO, which in turn reports all wages, taxes and benefits under its state tax identification number. In other words, a PEO firm hires a client company’s staff on paper, thereby making the PEO the employer of record, or Co-Employer, in all legal agreements or contracts. The PEO industry is currently estimated as a $51 billion industry serving an estimated 100,000 small to mid-sized businesses and 2 million to 3 million workers. With strong annual growth rates, about 700 authorized and recognized PEOs offering a wide array of employment services and benefits are operating in North America.

What to Consider When Looking at PEOs

Since its inception, there has been a series of abuses reported in regards to fraudulent PEOs or legal PEOs not performing the agreed services, such as non-payment of employee insurance premiums or misreporting taxes and workers’ compensation rates. In 1991, several laws were passed to protect workers from these abuses. At the same time, the development of such laws opened the doors for more global provisions to be made to ensure that prospective clients are not affected adversely at the other end of the spectrum.

As such, this led to the creation of trade associations that could deal with abuses from PEO companies; associations such as the National Association of Professional Employer Organizations or NAPEO, formerly known as National Staff Leasing Association or NSLA, and the Employer Services Assurance Corporation or ESAC. In our next post we will review the recommendations of NAPEO when selecting a Professional Employer Organization for your company.

Immigration and Customs Enforcement (ICE) Announces Surge in I9 Audits

Friday, November 20th, 2009

The Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced that the agency will be issuing notices of inspection (NOIs) to thousands of employers. The purpose is to determine their compliance with employment eligibility verification laws and proper maintenance of employee files and records.

“ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces,” said Assistant Secretary Morton. “We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules.”

What is a I9 Audit?

Audits involve a comprehensive review of Form I-9s, which employers are required to complete and retain for each individual hired in the United States. I-9 forms require employers to review and record each individual’s identity and work eligibility document(s) and determine whether the document(s) reasonably appear to be genuine and related to that specific individual.

Why does ICE Conduct These Audits?

From the desk of ICE:

Protecting employment opportunities for the nation’s lawful workforce and targeting employers who knowingly employ an illegal workforce are major ICE priorities, for which ICE employs all available civil and administrative tools, including audits. Audits may result in civil penalties and lay the groundwork for criminal prosecution of employers who knowingly violate the law.

In April, DHS issued updated worksite enforcement guidance emphasizing ICE’s major enforcement priorities-specifically focusing on dangerous criminal aliens and employers who cultivate illegal workplaces by breaking the country’s laws and knowingly hiring illegal workers. In this strategy, ICE identified form I-9 audits as the most important administrative tool in building criminal cases and bringing employers into compliance with the law.

Don’t Get Caught!

If you are uncertain whether or not your employees have accurate I9 information, it is critical to conduct an independent I9 audit. If you are uncertain how to conduct such an audit, please contact us to assist you. With ICE knocking on employers’ doors, you don’t want to put this off any further.

ADA Compliance, Part II – The Interactive Process

Friday, November 6th, 2009

Our last post reviewed the basic guidelines of the Americans with Disabilities Act, and how the ADA Amendment Act (ADAAA) expanded the definition of a disability. We will now look at your obligations, as the employer, to address the needs of an employee with a disability.

What is the “Interactive Process”?

State law incorporates guidelines developed by the EEOC in defining an “interactive process” between the employer and employee. A specific, or implied, request triggers the interactive process. A “specific” request occurs once a request is made or the employer otherwise learns of a request for accommodation from a third party (spouse, friend, another employee, doctor…). Examples are:

  • An employee’s wife calls telling the employer that the employee had a medical emergency due to MS, needed to be hospitalized, and therefore needs time off
  • An employee is given restrictions related to workers’ compensation claim

An “implied” request is when the employer observes the employee with an obvious disability or is having difficulty performing the essential functions of their job.

What is an Employer Required to Do?

Employers must provide reasonable accommodation for those applicants and employees who, because of their disability, are unable to perform the essential functions of the job. In doing so, the employers must engage in a timely, good faith, interactive process with applicants or employees in need of reasonable  accommodation.

These guidelines include consulting with the individual to ascertain the precise job-related limitations and how they could be overcome with a reasonable accommodation. Then, identifying these potential accommodations and assessing their effectiveness.

What is “Reasonable Accommodation”?

Examples of reasonable accommodation can include:

  • Making existing facilities accessible
  • Job restructuring
  • Part-time or modified work schedules
  • Acquiring or modifying equipment
  • Changing tests, training materials or policies
  • Providing qualified readers or interpreters
  • Reassignment to a vacant position

What is NOT required under Reasonable Accommodation?

Not all requests by an employee must be accommodated. Examples of non-reasonable requests can include:

  • Removing of essential job functions
  • Creating of new jobs
  • Providing personal need items such as eye glasses and mobility aids
  • Maintaining same pay and benefits for accommodating a change from full-time to part-time
  • Tolerating violation of company conduct rules

The Six-Step Interactive Process

To recap, the Interactive Process can be broken down into 6 distinct steps:

Step 1: Analyze the job and essential job functions
Step 2: Identify job-related limitations
Step 3: Identify possible accommodations
Step 4: Assess the feasibility of accommodations
Step 5: Implement the accommodation that is the most appropriate
Step 6: Follow up regularly

Concerned? You don’t have to go at it alone.

If you are concerned about complying with all areas of the law, you are not alone. Many employers do not attempt to create, implement and manage these guidelines on their own. Rather, the engage the services of a Professional Employer Organization (PEO) to do it for them. A PEO is staffed with human resources and labor law compliance experts and are well-equipped to create and manage an ADA compliance program. If you would like more information, please contact us.