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Conscious Millionaire ShowThomas Rock Lindsay: How to Be a Great EmployerWelcome to the Conscious Millionaire Show for entrepreneurs, coaches, and leaders who want to double your business, increase profits, and make a positive impact! Join host, JV Crum III, as he goes inside the minds of Millionaire Entrepreneurs and World-Class Business Experts. Today's featured episode... Thomas Rock Lindsay: How to Be a Great Employer Thomas Rock Lindsay has 20 of years insurance industry experience in C-level management, focusing on all aspects of workers compensation, loss control, employee benefits, HR, payroll and PEO operations. Currently, he is the owner and CEO...2021-07-2132 min
NoBullShiftEpisode 5 with Thomas Rock LindsayHad the great pleasure of getting to speak with Clickfunnels certified partner Thomas Rock Lindsay! A wealth of great knowledge from this guy and some great books recommended. Look forward to the opportunity of having him back in the future on the entrepreneur podcast NoBullShift.
Look Thomas Rock Lindsay up on facebook or go to smallbizbrainiac.com2018-06-141h 01
StrategyCastEpisode 92: Working with Tenacity, with Thomas Rock Lindsay of SmallBiz Brainiac, Inc. and Humanly HR, LLCSHOW NOTES Thomas Rock Lindsay helps small and medium-sized employers save money and time by relieving them of employer responsibilities, improve workplace safety, and increase their level of regulatory compliance.... plus a whole lot more! He resigned from his position as the COO of Vensure Employer Services earlier this year and went from being a PEO operations guy for the past 24 years to a sales guy. He decided it was time join the dark side....sales. And now that he is a Vensure Marketing Group, he is able to apply his operations experience, and knowledge of...2017-10-0433 min
SmallBiz Brainiac150: Thank You and GoodbyeIt’s time to turn my attention toward executing the business plan I’ve been working on for the past 12 months.Hey everybody, welcome to the FINAL episode of SmallBiz Brainiac! Yes… I’m ending this podcast. That’s hard for me to say, actually. This has been a labor of love for me and I’ve learned so much from doing this. It was a bit scary starting off. If you go back to the first 100 episodes… I pretty much sucked. I think the content is solid but as a podcaster, I stink… still do.So, I’ve been...2017-08-2205 minSmallBiz Brainiac149: Managers or HR, Who Should Handle Hiring and Firing?Empower your Managers to make their own hiring and firing decisions. Who in your organization should be responsible for recruiting, interviewing and hiring candidates? Who should be responsible for carrying out the unenviable task of letting employees go, regardless of whether it is for performance, behavior, or just downsizing? I’m a firm believer in tasking your managers with the responsibilities of hiring and firing their own staff.That being said, it’s important your managers are well trained in this area so you’re not putting the company at risk. When I say have your mana...2017-08-1706 minSmallBiz Brainiac148: Should I Buy EPLI?It doesn’t matter if you are guilty or not, an employment discrimination claim is going to cost you.EPLI stands for Employment Practices Liability Insurance.The free report available on our website, smallbizbrainiac.com, called “8 Steps to Lowering Your Employer Liability”, is all about buying EPLI insurance. The very process of preparing the complete the application will put you in a great position.So go get a copy of that report.What is EPLI?EPLI protects you, your company, its directors, officers and both current and former employees from cl...2017-08-1509 minSmallBiz Brainiac147: Understanding Total CompensationTotal compensation statements show employees how much you’re actually investing in them.Today I want to talk to you about your employees total compensation. No, total compensation is not simply the employees annual salary. It is more than that.It refers to the total cost of employing an individual.Why is this important? I believe this to be important on two levels. It’s important for employers to have an idea of just how much it costs to employ someone. This may help you make more informed hiring and firing decisions.It...2017-08-1008 minSmallBiz Brainiac146: Minimum Wage Madness in MinneapolisThe city of Minneapolis has bought into the voodoo economic theory that they can regulate the labor market and bend it to their will.Even if you don’t have employees in Minneapolis, you need to stay on top of all the local HR laws because they are a sign of things to come. Especially if you live in a city that is governed by Democrats.The city of Minneapolis has bought into the voodoo economic theory that they can regulate the labor market and bend it to their will. They’ve jumped on the munic...2017-08-0810 minSmallBiz Brainiac145: Challenges With Remote EmployeesA Big challenge with remote employees is communication. Some managers fall victim to the “out of sight, out of mind” syndrome.Having remote employees away from your main or corporate office is nothing new. With today’s technology however, it has become increasingly more prevalent.Businesses are no longer forced to look in their local market for potential employees. As with most things in life, this can be both a blessing and a curse.You can really expand your pool of qualified candidates if you’re willing to look beyond your local market, but hiri...2017-08-0308 minSmallBiz Brainiac144: How HR Should Prepare For A Recession – Part 4Nine million people lost their jobs in the Great Recession, and over 150,000 businesses shutdown. Create a plan for dealing with it before it happens again.I’ve spent 3 episodes teaching you what a recession is and what economic indicators you should be watching to signal danger. I’ve tried convincing you that we’re on the verge of another one, and that it’ll be worse than the previous “Great Recession”.You should certainly care about recessions because they have a very real impact on your business. You might have forgotten the pain caused by the last one...2017-08-0108 minSmallBiz Brainiac143: Be Serious About HRIf you don’t take HR seriously, no one else in your company will either.I know you are serious about your business. You’re serious about the work that you do to service your clients. Are you carrying this seriousness over to your own employees? You want, and frankly need, your employees to be your biggest asset and not become your biggest liability.Today I want to focus on a high profile company that has not taken HR matters seriously and it has finally caught up with them and has shaken the make up of th...2017-07-2707 minSmallBiz Brainiac142: How HR Should Prepare For A Recession – Part 3Yahoo Finance reported in 2016 that 93% of the entire stock market move since 2008 was caused by Federal Reserve policy.In parts 1 and 2 we learned that a recession is a significant decline in economic activity spread across the economy, lasting more than a few months. We also learned there’s NOT a consensus among economists about how to calculate if we are in one.Besides, all the major players, using the traditional measures, missed calling the last recession… the Great Recession.So it’s probably a good idea to look to those who did call it, and see...2017-07-2507 minSmallBiz Brainiac141: Form I-9 RevisionsEven though Form I-9 revisions seem insignificant, failure to comply can result in fines.Today we’re going to focus on some changes that have recently been made to the Employment Eligibility Verification Form I-9 by the U.S Citizenship and Immigration Services.Overview of Form I-9:The Form I-9 has been in use since 1986 for the purpose of verifying the identity and work authorization of individuals hired for employment in the United States. This was all made possible by the passing of the Immigration Reform & Control Act. All U.S. employers must ens...2017-07-2007 minSmallBiz Brainiac140: How HR Should Prepare For A Recession – Part 2The Federal Reserve has injected over $4.5 trillion into the economy to speed up the recovery from the Great Recession of 2008. In Part 1 we learned a recession is a significant decline in economic activity spread across the economy, lasting more than a few months. We also learned there isn’t a standard formula you can apply…2017-07-1808 minSmallBiz Brainiac139: Employee Name ChangesUpdating employee name changes with the Social Security Administration is priority number one. Today we’re going to go over what is involved for your HR and payroll team when an employee decides to change their name. Why on earth would someone change their name? Well, there are a variety of reasons why a name change could occur.…2017-07-1307 minSmallBiz Brainiac138: How HR Should Prepare For A Recession – Part 1A recession is defined as a significant decline in economic activity spread across the economy, lasting more than a few months. Were you in the workforce back in 2008? Chances are you were. Do you remember the impact the “Great Recession” had on your business? I sure do. We lost over 30% of our clients within a few…2017-07-1108 minSmallBiz Brainiac137: Recreational Marijuana LegalizationHow do I maintain a safe work environment now that recreational marijuana is legal in my state? Legalization of marijuana for recreational purposes is trending upward with more and more states opting to legalize the drug even though marijuana is still considered illegal at the federal level. Regardless of how you view the use of…2017-07-0705 minSmallBiz Brainiac136: Apprenticeship vs Internship“Furthermore, many colleges and universities fail to help students graduate with the skills necessary to secure high paying jobs in today’s workforce.” Are you confused about the differences between an apprenticeship and an internship? An apprenticeship is an on-the-job training program which includes job related instruction, typically provided in a classroom setting. Apprenticeships can last…2017-07-0509 minSmallBiz Brainiac135: Social Media Screening for EmploymentThe number of employers using social media to screen candidates is at an all-time high. Today I wanted to go over a type of pre-employment screening that is becoming increasingly more popular as time goes on. Pre-employment screenings, or background checks are nothing new. In fact, we have discussed background checks before on this show.…2017-06-2907 minSmallBiz Brainiac134: OSHA Claim Reporting Retaliation & Post Accident Drug Testing Rules – Part 2OSHA says a post accident drug testing policy which deters and discourages employees from reporting a claim is illegal. In part 1, I introduced you to the 3 new provisions in OSHA’s recordkeeping rule that took effect on January 1, 2017. On this episode we’ll learn more details about the provision that prohibits you from retaliating against your employee for…2017-06-2707 minSmallBiz Brainiac133: New York City’s Fair Work WeekPenalties for violating the Fair Work Week law range from $500 to $2,500 per occurrence depending on severity. Back in 2016, Seattle passed their Secure Scheduling Law. This law actually takes effect on July 1, 2017. You can hear more about the Seattle Secure Scheduling Law by going to our website, www.smallbizbrainiac.com and pulling up episode…2017-06-2208 minSmallBiz Brainiac132: OSHA Claim Reporting Retaliation & Post Accident Drug Testing Rules – Part 1OSHA calls this new power an “important new tool” to ensure employers maintain accurate records. Effective January 1, 2017, OSHA’s new Recordkeeping rule took effect. There are two main parts to the new rule. I told you about the Recording and Reporting part in episode 89 on December 6, 2016, but I didn’t cover the…2017-06-2007 minSmallBiz Brainiac131: Certified Payroll – The Davis Bacon ActDavis Bacon Act – Just another stupid federal law with major unintended consequences like pricing out smaller contractors and taxpayers overpaying for services. Today I wanted to discuss certified payroll and how it differs from your normal everyday payroll practices. First of all, what is meant by certified payroll? Generally speaking, certified payroll occurs whenever…2017-06-1507 minSmallBiz Brainiac130: Adios Obama Era Joint-Employer Definition!There are over 10 million employees working in positions that involve two or more companies, so the re-defining the term joint-employer is a major deal. I’m super excited to bring you today’s episode because we had a win. How Laws Are Made Without Congress: But first, I want to ask and answer the question; How do…2017-06-1308 minSmallBiz Brainiac129: ICE’s IMAGE Certification ProgramThe certification focuses on employers that have the ability to effect change in their industry or region. Undocumented Immigrants: Undocumented immigrants gaining employment in the United States has been a headache for the U.S. government for decades. In 1986 the Immigration Reform and Control Act led to the creation of the Form I-9 which required…2017-06-0808 minSmallBiz Brainiac128: Puerto Rico Labor Laws – Part 3Puerto Rico’s year end “Christmas” bonus and paid breaks for nursing mothers. In episode 124 and 126 we we covered several of Puerto Rico’s labor laws including the employment contract, the probationary period, just cause terminations, mandatory severance pay, minimum wage, overtime, the statutory meal period and paid vacation and sick leave. On today’s episode we’ll…2017-06-0608 minSmallBiz Brainiac127: More Paid Sick Leave LawsMandatory paid sick leave comes at the expense of paid vacation time or other wages. Last week I discussed the Washington D.C. Paid Leave Law with you. Today I wanted to continue on with the mandatory paid leave topic as it continues to be a hot item across the United States. Again, we have covered…2017-06-0106 minSmallBiz Brainiac126: Puerto Rico Labor Laws – Part 2Under Puerto Rico labor laws it’s illegal for you to terminate a grandfathered employee so you can benefit from the lower vacation accrual rates and higher qualification standards. In episode 124, part 1, we learned about the employment contract, the probationary period, just cause terminations, mandatory severance pay, and the minimum wage. On today’s episode we’ll continue…2017-05-3011 minSmallBiz Brainiac125: DC Paid Leave LawEmployers will fund the paid leave program through a payroll tax on all Washington D.C. wages. We’ve talked about mandatory paid leave laws in a couple of past episodes as this seems to be a hot issue around the country over the last couple of years. Laws are starting to take effect in many states…2017-05-2507 minSmallBiz Brainiac124: Puerto Rico Labor Laws – Part 1Under Puerto Rico’s labor laws you may only terminate an employee for just cause, unless you terminate them during the statutory probation period. Although Puerto Rico is a U.S. Territory, and travel to and from the island does not require a passport, it’s a very unique place… very different from the rest of the United…2017-05-2312 minSmallBiz Brainiac123: Three Personality Types Every Business Needs to SucceedPossessing only one or two of these personality types will leave you with an incomplete business. Today’s episode is inspired by the book The E-Myth Revisited by Michael Gerber. If you have not read this book yet I highly recommend it. Regardless of where you are at in your career, whether you are a budding entrepreneur or…2017-05-1807 minSmallBiz Brainiac122: Employee Severance AgreementsYou have to provide “consideration” in exchange for your employee’s waiver of their rights to sue. I was talking to a friend this weekend and she told me about a recent employee termination experience. Her employee didn’t show up for work one day so so she called her. The employee said she didn’t want to work…2017-05-1610 minSmallBiz Brainiac121: Five Steps To Be A Better LeaderIn order to be a great leader you have to make some tough decisions. Hey everyone, welcome to episode 121, 5 Steps To Becoming a Better Leader. I’m your host, Robert Attridge and this is the podcast that delivers employer intelligence two days each week in a short 7 to 10 minute episode. My co-host, Thomas…2017-05-1107 minSmallBiz Brainiac120: Common W-4 and I-9 Mistakes Employers MakeAvoid these costly mistakes when completing forms W-4 and I-9. After you hire a new employee you have to get them setup in you HR and payroll system (or systems), before their first paycheck. This onboarding process requires the collection of information and the completion of certain government forms. Automated onboarding systems make this process much…2017-05-0907 minSmallBiz Brainiac119: Who Handles Your Payroll?When hire your first employee you officially become a tax collector. Do you know who handles your payroll? Of course you know the name of the person or company that handles it, but how well do you really know them? I bring this up because far too often I see stories like this one that…2017-05-0408 minSmallBiz Brainiac118: Get Ready For Mandatory E-VerifyIf enacted, the bill would require all U.S. employers to participate in E-Verify within one year of enactment of this Act. Did you know that prior to 1986, employers were not required to verify an individuals employment eligibility status? The Immigration Reform and Control Act (IRCA) of 1986 required employers to examine documentation from each newly hired…2017-05-0208 minSmallBiz Brainiac117: Employer Wage TheftSeveral states have enacted wage theft prevention laws over the past few years. Wage theft can occur when employees are not paid according to existing wage and hour laws. There are many examples out there of wage theft by employers who may fail to pay at least the minimum wage, or fail to pay overtime…2017-04-2709 minSmallBiz Brainiac116: NY OT Exemption Rule Change and Other UpdatesNew York increased their minimum salary requirement for the administrative employee overtime exemption, effective December 31, 2016. In this episode we’ll learn about a New York State Department of Labor rule change effecting all employers in the Empire state. I also want to let you know about a challenge to the City of Philadelphia’s Wage…2017-04-2508 minSmallBiz Brainiac115: Are you a Talent Hoarder?As a talent hoarder, not only are you hurting your employee’s opportunity for growth, you may be harming the businesses’ future potential. Are you a hoarder? I’m not talking about one of those people who collects so much “stuff” that you can barely get in the front door. I’m talking about hoarding people? If so,…2017-04-2007 minSmallBiz Brainiac114: Occupational Heat ExposureIn 2014 alone, 2,630 workers suffered from heat illness and 18 died. It’s almost summer and temperatures are on the rise. So, this is the perfect time to start planning to protect your employees from heat related illness and injury. This subject that is often overlooked, and it’s not just a summertime issue. Employees are…2017-04-1808 minSmallBiz Brainiac113: Employee TheftReduce the likelihood of employee theft with improved hiring practices. While driving back from Vegas I was thinking about some possible topics for the show and I recalled a news article that I had tweeted out a week or so ago. I’m always looking for new news that relates to business, HR and payroll issues…2017-04-1307 minSmallBiz Brainiac112: Unemployment Insurance Benefit Qualification Rule ChangeAn important unemployment insurance rule change on March 31, 2017. On episode 109, Robert Attridge taught us some basic aspects of the state unemployment insurance system and how you can manage your cost. I’m going to say UI for unemployment insurance, going forward. The UI system is a mandatory federal and state run system for paying income replacement…2017-04-1108 minSmallBiz Brainiac111: Reciprocity and Multi-State TaxationStates generally have reciprocity agreements with neighboring states…but not New York. Many businesses have, or will have at some point in their existence, a situation where one or more of their employees live in one state, but work in another state. When it comes time to pay these employees, things can get a little confusing…2017-04-0607 minSmallBiz Brainiac110: How To Interview Like A Pro – Part 3If I was the candidate and had a few interviews lined up, and one of them sent me a pre interview guide, I would look at that employer a lot more favorably. In part 1, on episode 107, we learned how to prepare for the interview and in part 2 on episode 108 we learned how…2017-04-0409 minSmallBiz Brainiac109: Unemployment InsuranceFar too often employers just ignore unemployment insurance claims and don’t provide a response to the agent handling the case. Today I wanted to talk about managing unemployment insurance claims and how this often overlooked aspect of your business can cost you big time down the road if it is ignored. Keeping control of your labor…2017-03-3013 minSmallBiz Brainiac108: How To Interview Like A Pro – Part 2Asking the right interview questions will dramatically improve the effectiveness and you’ll look like a pro! In the last episode we learned about the preparation phase of the interview and on this episode we’ll learn about coming up with the interview questions. One thing I forgot to mention on the last episode is you should call…2017-03-2808 minSmallBiz Brainiac107: How To Interview Like A Pro – Part 1Prepare so you don’t screw up the interview and scare away a great employee. Practice makes perfect, right? So how are you supposed to become an expert interviewer? It’s not like you’re hiring someone every day, or week, or even month for that matter. It’s hard to become a professional interviewer when you don’t have the opportunity…2017-03-2309 minSmallBiz Brainiac106: The Equal Pay Train Arrives In Puerto Rico After Brief Stop In PhiladelphiaA new breed of state equal pay laws have been passed, and now Puerto Rico has joined the likes of California, New York, Maryland, and Massachusetts. Labor Transformation & Flexibility Act: The Commonwealth of Puerto Rico passed a major labor law reform bill earlier this year called the Labor Transformation & Flexibility Act. There were…2017-03-2111 minSmallBiz Brainiac105: Tip Credit & FICA Tip CreditSeven states do not allow for a tip credit. If you are in the restaurant or hospitality industries, or one of the many other service industries out there then you are well aware that a portion of your employees pay comes from tips, a.k.a., gratuities. Hopefully you are also aware that there is a provision…2017-03-1609 minSmallBiz Brainiac104: TelemedicineTelemedicine services are changing the way healthcare is delivered…. and that’s a good thing! In episode 97, Kris Hansberger mentioned telemedicine as a way to improve your group health plan. She also shared a valuable tip on how to use telemedicine in concert with your supplemental accident policy to maximize your benefits. Let’s say you have…2017-03-1411 minSmallBiz Brainiac103: Out With The New In With The OldBack to two shows a week every Tuesday and Thursday – by popular demand! I want to thank everyone who participated in the survey and provided their valuable opinion on the show. We had surprising results. The response was amazing! And the overwhelming majority of respondents prefer the old 7 to 10 minute format. So….. we’re going…2017-03-1305 minSmallBiz Brainiac102: Mandatory Paid Sick LeavePoliticians can’t simply pass new laws and create prosperity, higher wages or better benefits. Mandatory sick leave is sweeping the nation. Currently there is no federal law requiring private employers to provide paid sick leave for their employees….unless you work on government contracts. However, many States and Cities have passed laws requiring employers to provide…2017-03-0723 minSmallBiz Brainiac101: Win $100 Amazon Gift Card and Dotcom SecretsWe need your feedback! We’d like you to take a quick survey. It will only take you a few minutes. Today’s episode is special. It’s just me today. There’s no Robert, and no panel expert. Instead, we want to tell you how you can win a $100 Amazon gift card and a copy of the amazing book Dotcom…2017-02-2708 minSmallBiz Brainiac100: Fall Protection Standards For General IndustryFalls from ladders make up 20% of loss-workday and fatal injuries. Falls from heights and on the same level the work is being performed on, are very common and one of the leading causes of serious work-related injuries and deaths. How familiar are you with fall protection standards? OSHA estimates that, on average, approximately 202,066 serious…2017-02-2038 minSmallBiz Brainiac99: ID Theft For EmploymentWhat happens if one of your employees is using someone else’s SSN to work for you? Attorney Ben Mason of the law firm Morley Mason is here to help us sort through this issue. Ben obtained his law degree from the University of Idaho. According to his wife, he became a lawyer because he likes arguing with…2017-02-1335 minSmallBiz Brainiac98: Helping Your Employees Perform at Their Personal BestThe problem is time management. The Solution is brining higher energy to the time we have at work. Will your company achieve better results if you push your employees to work long hours? Or, could you outperform those results if they actually worked fewer hours? What message are you communicating to your employees through your own actions? Are you…2017-02-0624 minSmallBiz Brainiac97: Small Employer Benefits – What’s Right For Your EmployeesBenefits for small employers, what’s the right offering for your employees? Today’s expert panel member is Kris Hansberger, the Director of HR and Employee Benefits for Vensure Employer Services, Inc., a Chandler, AZ based Professional Employer Organization. Under her direction Vensure provides benefits administration and HR services to hundreds of clients and over 40,000 co-employees. She’s also responsible…2017-01-3044 minSmallBiz Brainiac96: Lessons From The Trenches – Employee TerminationsOne of these terminations involved sex, drugs and rock & roll. In this episode we share examples of terminations we’ve conducted and the lessons we learned from them. For an unknown reason my audio goes alien on me at about 8 minutes into the show. I didn’t realize it until the editing process, and I…2017-01-2333 minSmallBiz Brainiac95: Employee Terminations In 4 StepsBecause terminations are hard, we often wait too long to let people go. The new year is a good time to consider what terminations may be necessary due to: Employee performance Expense reductions Streamline or consolidate responsibilities and duties. Budget constraints requiring you to reluctantly let good people go Holiday hangover – maybe you’ve been hanging on to someone…2017-01-1635 minSmallBiz Brainiac94: Introducing Your New Co-HostThis show is designed around the small business owner. It’s my goal to educate you about the many duties, responsibilities and obligations you have as an employer. I also want to provide you with answers to your questions, and solutions to your problems. So, if you have any employer related questions, all you have to do is…2017-01-0920 minSmallBiz Brainiac93: Out With The Old In With The NewI’ve decided to make some changes to the SmallBiz Brainiac show. My last episode was on December 15th and I told you that I was going to take the next two weeks off to plan for 2017. And that’s what I did. I also took my daughter and nieces to see the movie Sing.…2017-01-0303 min
The Tailgate Entertainer | Performers | Performance Business | Creatives | Artists | Talent Buyers39: A Solution to Your Business Problem with Thomas Rock LindsayWould you like to be more savvy about the best type of structure for your business? Or are you unsure about whether someone doing work for you is an employee or an independent contractor? If so, listen in to today's episode of Tailgate Entertainer with Alan Bruess, as he talks business with his knowledgeable guest, Thomas Rock Lindsay. Thomas owns a company called Humanly HR. He has more than twenty years of experience working in a PEO (Professional Employer Organization), focusing on all aspects of workers compensation, risk management, loss control, employee benefits, HR and pa...2017-01-0322 minSmallBiz Brainiac92: Year End Wrap Up 2016The Heritage Foundation’s 2016 Index of Economic Freedom has the U.S. at number #11 this year. We were #8 in 2010 and #5 in 2008 This will be the last episode of 2016. I’m going to take the next two weeks off to focus on preparing the show and my business for 2017. It’s been…2016-12-1610 minSmallBiz Brainiac91: A New Direction For The DOLThe new direction of the DOL is the opposite of where they’re headed today. Andrew Puzder has been nominated by Trump to be the new Secretary of Labor. This is a huge departure from the traditional bureaucrat who lacks private sector experience. Certainly he is a stark contrast to the current Secretary, Thomas Perez, a lawyer,…2016-12-1308 minSmallBiz Brainiac90: Employee Performance ReviewsEmployee performance reviews are an important engagement tool. Employee performance reviews are super important to the success of your company because the success of your company, depends on the success of your employees. Employee physiological well-being, productivity, and job satisfaction, depends in part on knowing where they stand with you, with their employment, and what opportunities they have ahead…2016-12-0809 minSmallBiz Brainiac89: New OSHA Recording And Reporting RuleOSHA thinks by forcing you to make your claims information public you’ll naturally want to focus more on safety to try and avoid being embarrassed. Behavioral economics: OSHA’s new final rule revising their Recording and Reporting Occupational Injuries and Illnesses regulation, takes effect January 1, 2017. The revised rule was designed to “nudge” you into making your workplace safer for your employees by making your workers’ compensation…2016-12-0607 minSmallBiz Brainiac88: Year End Reporting of Fringe Benefits and Other EarningsJust when I think government laws, regulations and rules can get any dumber, I come across yet another ridiculous one. The year isn’t over yet, but it will be before you know it. So on this episode I want to help you prepare for year end from the standpoint of reporting and paying payroll taxes…2016-12-0210 minSmallBiz Brainiac87: National Labor Relations Act & Your Employee HandbookThe National Labor Relations Board is taking issue with handbook policies that get in the way of employee rights. In episode 85 on employee handbooks I told you that your policies need to take NLRB regulations into consideration even if you don’t have union employees. It doesn’t matter that you don’t have union employees. The law…2016-11-3010 minSmallBiz Brainiac86: Thanksgiving Gift, DOL Salary Level Increase BlockedJudge Mazzant stops DOL action by granting temporary injunction! Happy Thanksgiving everyone! I’m in Franklin, Tennessee visiting family. My wife and I, along with our two kids, drove 1,600 miles from our home in Gilbert, Arizona last week, to be here. Yes, that’s a lot of miles, but we split it up into three days. It was a long trip but we…2016-11-2404 minSmallBiz Brainiac85: Your Employee HandbookCreating and maintaining an employee handbook is a hassle, but well worth it. Should you have an employee handbook (“EH”)? Maybe, maybe not. It depends on your organization. They are a good idea and serve two valuable purposes, clarity and litigation defense. Not every business owner wants one, but you have policies regardless of weather or…2016-11-2210 minSmallBiz Brainiac84: Federal Child Labor Laws“Never let school get in the way of your education.” The child labor laws are made possible by the Fair Labor Standards Act. The purpose of the child labor laws are to keep children safe and prevent work from jeopardizing their education. I think that’s ironic because for many, myself included, work is a better educator than school.…2016-11-1807 minSmallBiz Brainiac83: The Paycard PickleI don’t like getting involved with employees’ financial affairs A paycard is like a pre-paid credit card or a debit card. They’re funded the same way you make a direct deposit into your employee’s bank account. The paycard provider issues the card to your employees and you send an ACH transaction to your bank. The cards are funded…2016-11-1508 minSmallBiz Brainiac82: Political Revolution Or Train Wreck?“You can measure opportunity with the same yardstick that measures the risk involved. They go together.” Earl Nightingale In the aftermath of the earth shattering presidential election on Tuesday where the business-as-usual politics was clubbed over the head. There’s no shortage of opinions. You already know that I hate big government. I’m disgusted by the mount…2016-11-1007 minSmallBiz Brainiac81: Is you Wellness Plan Sick?If you have a wellness plan or you’re thinking about implementing one, you want to make sure it focuses on disease management. In May 2016 the IRS issued a memorandum about the tax treatment of wellness plan benefits and premium reimbursements. And there are new EEOC compliance rules taking effect on January 1, 2017. What is a wellness plan?…2016-11-0810 minSmallBiz Brainiac80: The EEOC 5 Year Strategic Enforcement PlanThis is important information for you. It’s like checking the weather report before you head out on vacation. The EEOC released their Strategic Enforcement Plan, or SEP, on October 17, 2016. This SEP declares what areas of compliance they’re going to focus on for the next 5 years. They call these “substantive area priorities” and it’s…2016-11-0310 minSmallBiz Brainiac79: States Sue DOL Over Salary Level TestThis rule change is bad for you and it’s bad for your employees. On episode 33 published on May 23rd 2016, I introduced you to the change being made by the Department of Labor (DOL) to the minimum salary requirement for the overtime exemption under the executive, administrative and professional employee rule, and we are just…2016-11-0108 minSmallBiz Brainiac78: Health Reimbursement ArrangementsHRAs are funded exclusively by employers. In the last episode I taught you a little bit about Health Savings Accounts. I said they’re a great tool for lowering your group health insurance costs and I explained how they work… but, I didn’t explain how they actually lower your costs A Health Reimbursement Arrangement (HRA) is…2016-10-2707 minSmallBiz Brainiac77: Health Savings Accounts (HRA)One of the best ways to lower your group health insurance costs is to incentivize your employees to change their behavior. On the next two episodes I’m going to teach you about Health Savings Accounts and Health Reimbursement Arrangements….two great tools for controlling group health costs. They are a little bit different from each each…2016-10-2507 minSmallBiz Brainiac76: New I-9 and Paid Sick Leave LawOn October 5, 2016, Cook County, Illinois passed an “earned sick leave” ordinance that takes effect on July 1, 2017 Hey everyone welcome to episode 76. I want to update you on the recent changes to Form I-9 which take effect on January 21, 2017. I also want to update you on the latest paid sick…2016-10-2007 minSmallBiz Brainiac75: Workplace HarassmentYou are automatically liable for your Supervisors harassment. In simple terms, the difference between discrimination and harassment is discrimination is a form of bias committed by the company. For example, you didn’t hire someone because of their race. Whereas harassment is bias committed by an individual within or an employee of the company. What is…2016-10-1807 minSmallBiz Brainiac74: Travel Expense ReimbursementsDo you have an accountable reimbursement plan that complies with IRS rules? Do you have employees that travel? Do you reimburse their expenses or pay them an allowance? Only qualified travel expenses can be reimbursed without being included as taxable wages. You might be reimbursing unqualified expenses because: The travel doesn’t qualify as a business…2016-10-1307 minSmallBiz Brainiac73: Seattle’s Secure Scheduling LawUnintended consequences will soon follow implementation of this job killing law. The incredibly astute and highly skilled business savvy City Council members of Seattle continue to outdo themselves with their utopia building. These geniuses have produced yet another set of handcuffs to shackle the greedy business owners and keep them from taking advantage…2016-10-1108 minSmallBiz Brainiac72: Bonus Compensation Tax and Overtime ComplianceThe people who write tax code are masters of confusion. I often wonder if they do it on purpose or if they really are idiots. Once you’ve decide the why, who, what, when, and how to bonus your employees you’ll need to look at the compliance aspects of your plan. What’s the right way to withhold federal income…2016-10-0608 minSmallBiz Brainiac71: Bonus and Incentive Compensation Plan AnatomyMake sure the Plan is measurable and not left to arbitrary interpretation or shady math. I recently had a listener write in asking how to bonus their employees without discriminating and I thought this would be a good topic for an episode (or two), especially with the holidays coming around. The right bonus plan will…2016-10-0407 minSmallBiz Brainiac70: Background Checks – Part 3Ban the box laws and fair chance hiring legislation is sweeping the nation and pretty soon, you’ll be told who you’ll hire. Think I’m crazy? I am….but I’m not wrong. If you are going to do background checks despite the risks, you’d better know the best practices so you don’t get sued! What is “Ban the…2016-09-2908 minSmallBiz Brainiac69: Background Checks – Part 2Use of a criminal history in making employment decisions, might violate the prohibition against employment discrimination under Title VII of the Civil Rights Act of 1964 In the last episode we talked about reasons why you should, and some reasons why you shouldn’t, conduct background checks. On this episode we look at the different types and what the government…2016-09-2709 minSmallBiz Brainiac68: Background Checks – Part 1Once you decide to go into business, your rights are restricted and your responsibilities are rife. Background checks can be a valuable tool in the hiring process. Unfortunately, they can also lead to you unwittingly discriminating and thereby violating any one of the many, many federal laws designed to protect individuals who’ve had some type…2016-09-2208 minSmallBiz Brainiac67: Interview with Scott Genta, Chemical Engineer and Safety Consultant – Part 2“How do you know your employees even understood that training?” Scott is co-founder of Safety Management Services, Inc., or SMS, an international provider of risk management services to a wide range of commercial clients and government agencies. This episode is part 2 (the final part) of my interview with Scott Genta. SMS Highlights: Recap from part…2016-09-2007 minSmallBiz Brainiac66: Interview with Scott Genta, Chemical Engineer and Safety Consultant – Part 1Scott goes beyond the low hanging auditor fruit when he conducts a site audit. Scott is co-founder of Safety Management Services, Inc., or SMS, an international provider of risk management services to a wide range of commercial clients and government agencies. Scott recently spent over 2 years in Australia on a special project related to the…2016-09-1513 minSmallBiz Brainiac65: Living Paycheck to PaycheckHousehold debt is a major reason why so many Americans are in the financial ditch. It’s no secret that the majority of your employees live paycheck to paycheck, and not surprising that they’d suffer a significant financial setback if they missed just one payday. MarketWatch says most Americans have less than $1,000 in savings and…2016-09-1307 minSmallBiz Brainiac64: Time and Attendance SystemsKeeping track of actual time worked is crucial to compliance One of the hidden costs of employment is keeping track of who showed up, where they are, when they arrived, and how much time they spent working. Aside from the administrative expense of it, you’re also faced with costly unintentional errors and employee fraud, like…2016-09-0807 minSmallBiz Brainiac63: Hidden Employer CostsYour best option, as a small employer, is to join a Professional Employer Organization. Do you know how much your “all-in” cost is to employ someone? It’s much more than you think. The obvious costs are wages, payroll taxes and insurance premiums. What’s not so obvious are your administrative expenses. Even before you hire someone…2016-09-0606 minSmallBiz Brainiac62: Is McDonalds a Joint Employer of its Franchisee’s Employees?The NLRB and DOL are battling franchisors over joint-employer status. I’ve been on this subject now for the past two episodes and I’m not ready to move on yet. The more I dig, the more I find. And what I’ve found is the National Labor Relations Board, or NLRB, is on a witch hunt to…2016-09-0106 minSmallBiz Brainiac61: Joint Employer Definition ExpandedThe NLRB has paved the way for other federal agencies to apply this joint-employer standard to the laws they regulate and enforce. Welcome to episode 61. Today, you’ll learn how the National Labor Relations Board (the “NLRB”) has expanded their interpretation of the pre-existing joint-employer definition to hold both temporary staffing firms and their clients, responsible for…2016-08-3009 minSmallBiz Brainiac60: The Fissured Workplace – a DOL Blog Post“Our basic mission at Wage and Hour is pretty simple: making sure people get a fair day’s wage for a hard day’s work.” The U.S. Department of Labor, or DOL, is responsible for administering the U.S. labor laws. This includes creating rules and regulations and enforcing them. The DOL states their mission as follows: “The Department…2016-08-2509 minSmallBiz Brainiac59: Employers’ Liability InsuranceYou can be held liable to others when your employee is injured on the job. On the last episode we learned about the elements of your workers’ compensation and employers’ liability insurance policy, and in episode 11 we took a high level look at the benefits paid by the workers’ compensation coverage. Today we’ll learn what the…2016-08-2308 minSmallBiz Brainiac58: Your Workers’ Compensation Insurance PolicyAre you familiar with the elements of your workers’ compensation insurance policy? The first show I did on work comp insurance was episode 11, which was a 100,000 foot overview. I covered what it pays for, talked about how benefits vary by state, and explained that it’s compulsory insurance. In other words, you’re required to have it…2016-08-1810 minSmallBiz Brainiac57: Workplace Anti-Violence and Firearms PoliciesA safe workplace is critical to employee job satisfaction and productivity. In the last episode we learned about guns in the workplace and I reminded you about your duty to maintain a safe workplace, one that’s free from serious recognized hazards. As part of fulfilling your duties you’ll need a Workplace Anti-Violence policy and many of…2016-08-1608 minSmallBiz Brainiac56: Guns In The WorkplaceYou have the right to deny all weapons on your company property, except where a parking lot storage law applies. In episodes 42, 43 and 44 we learned about workplace safety, why it’s important, and how to create a safety program. And even though there’s no federal law requiring you as an employer to PREVENT…2016-08-1109 minSmallBiz Brainiac55: Massachusetts Act to Establish Pay Equity – ContinuedYou may be sued within 3 years of the last payment of wages which were in violation of the law. In the last episode we learned about Massachusetts Act to Establish Pay Equity. We compared it to the long standing federal Equal Pay Act and saw how it broadens the scope thereby qualifying more situations…2016-08-0909 min