The Age Discrimination in Employment Act of 1967

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We find that many employers are unaware of this act.  It is, however a very important hiring regulation.  According to the Equal Employment Opportunity Commission, “age discrimination involves treating someone (an applicant or employee) less favorably because of his age.”

The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.

Most frequently, we see cases of age discrimination in the elder set – companies who are hesitant to hire someone who is closer to retirement in favor of someone younger who can put in more time with the company.  The law doesn’t require that one individual be below the age of 40, discrimination can also occur when the victim and the person who inflicted the discrimination are both over 40.

Age discrimination doesn’t simply apply to hiring, but all aspects of employment. As it relates to work situations: “The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment,” according to the Department of Labor.

Additionally, age driven harassment is protected under this law. Types of harassment can include remarks that can be deemed offensive regarding someone’s age or abilities as a result of their age.  The Department of Labor notes that, “Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).”  This can be a slippery slope and it is incredibly important to ensure that your Employee Code of Conduct covers these topics.

Do you have an Employee Code of Conduct?  If so, does it cover age specific topics like hiring and discrimination?  These topics can be confusing and there is often quite a bit of gray area – that’s where you can benefit from a PEO.  PEOs are experts in the area of defining employee codes of conduct as well as hiring regulations.  Contact us today to set up a consult to find a PEO that can support your business.

Purpose of an EIN

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An Employer Identification Number (EIN) is essentially a Social Security Number for your business. EINs are used to distinguish your business financial data from your personal finances.

Who Needs an EIN?
These 9 digit numbers are utilized for tax purposes and are required for every business with one or more part-time or full-time employees. Additionally, if you pay any contractor or subcontractor for services valued at more than $600 per calendar year, you are also required to have an EIN. If you are registered as a limited liability company, corporation, partnership, or joint venture then you must have an EIN.

How does an EIN work?

EINs identify the business entity and are tagged to all employees as well. These numbers are utilized by employees when filing tax returns and relevant tax documents. The government tracks revenues, salaries and other financial data utilizing these numbers.

How do I obtain an EIN?

Your PEO can assist you in obtaining an EIN or you can apply for one online from the IRS. Online EINs are effective immediately. Additional application options include applying by fax or by mail. Regardless of your application method, it takes up to two weeks for the IRS to assign your EIN to their database.

One of the benefits of outsourcing your HR functions to a PEO provider is that they are capable of handling all of the tricky tax codes and payroll processing services. Contact us today to find out more about how a PEO can help you optimize your payroll and tax processes.

 

Why Do I Need a PEO?

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As we mentioned in a recent blog, utilizing a PEO allows a business owner to focus on their key business functions. Particularly with small to medium sized businesses where your headcount is lower, utilizing a PEO is a great way to optimize your business processes without significantly increasing costs.

One of the key benefits to utilizing a PEO is that they are specialists in all things Human Resources Related. From benefits to compliance to billing – their job is to not only to understand the current requirements but also support future changes to regulations. Some of the functions that PEOs support include:

  • Employment administration
  • Government compliance management
  • Employee benefits
  • Workers’ compensation
  • Payroll and payroll tax administration
  • Recruiting and hiring
  • Policies and best practices
  • Performance management
  • Training and development

If you find that you are spending a significant portion of your time or working extra hours to make payroll happen or recruit new employees you should seriously consider utilizing a PEO. Another great reason to engage a PEO is if you are a new business owner. They can help you set up your human resources processes including training and development and performance management. We find that with a lot of new and expanding businesses a lot of human resources processes are left to a trial by fire methodology. PEOs exist to reduce your administrative stress, increase your compliance and optimize your business processes at an affordable cost.

Contact us today for a consultation around what PEO services can help you succeed as a business!

How Can a PEO Fit Into My Organization?

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A PEO (Professional Employer Organization) steps in and provides an affordable, holistic management services to support your company’s human resource functions. PEOs are unique in that they offer a full suite of services, unlike companies who offer specific services like benefits or payroll administration. PEOs functions offer a broad range of HR-related services such as employment administration, recruiting, workers’ compensation insurance, employee benefits, payroll, compliance, best practices, employee training, and performance management.

PEOs are ideal business partners as they allow you to choose what they help you with. Whether you are looking to entirely outsource all of your administrative functions or simply bulk up your worksite OSHA compliance – PEOs can support you. It is important to remember that at the very minimum, a PEO must provide their clients with payroll and workers’ compensation insurance. Given their expertise in the areas of Human Resources and Compliance, they not only absorb the work but also the risk.

The term Co-employment is often used when referring to PEOs. What this indicates is the separation of human resources, employee management and liabilities that occur when you work with a PEO. Co-employment is a unique business model as it requires that your employees work for both you and the PEO. Standard daily business operations are supported by your team, but the PEO assumes all administrative functions. As such, the PEO shares many of the liabilities associated with your business and employees.

PEOs serve as an extension of your business that handle Human Resources, leaving you as a business owner to focus on what truly matters – the current and future success of your operation.

Contact us today to find out how we can make PEO services work for you!

 

 

What NOT to Say During a Job Interview

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So in Part 1 we told you what you SHOULD say during a job interview – now we are getting to the flipside. While we are going to leave out the obvious we will be covering some things that you may have never been alerted to before. While they are not rude or inappropriate they may give the wrong impression and should generally be avoided.

As we mentioned before – landing an interview is tough and once you do you’re going to be in a class of applicants that are top notch. We want to help you put your best foot forward so in addition to doing the do’s you need to avoid the don’ts!

First – do not bad mouth your current employer or boss. Regardless of how tough or uncomfortable your current situation might be – take the high road. If the question is asked “why did you /are you leaving your current employer?” simply state that the opportunity for growth was not on par with what you would like. This response makes you seem ambitious and avoids details around the negative environment.

Next – do not breach confidentiality. We don’t care how badly you want to impress your prospective employer – if you are not allowed to share client names, don’t! This is not only in bad faith but it could also have legal ramifications for breach of confidentiality.

Leave the business jargon at home. Yes – we get it you “ping” people, you see a lot of “synergies” and you think that “socializing” topics internally is important. Refer back to the “do’s” – be authentic – this means leaving the business buzzwords in your briefcase.

Finally, avoid the following topics entirely: politics, religion, controversial current events, personal issues, health or partying. We know that seems like it’s a list full of “duhs” but it never hurts to be reminded of the basics!

Are you a prospective employer that needs help screening clients? Want to get the whole recruiting task off your plate? We can help you! Contact Employer Solutions Plus today to find out more!

Workplace Safety Tips for Restaurants

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You’re the owner of a franchise location or perhaps even a standalone restaurant, but nowhere in “Business 101” did anybody teach you about limiting the number of accidents on the job! Between managing sales, marketing, accounting, customers, employees and even your menu items, it’s no wonder you overlooked this precautionary step!

Here are some quick tips for promoting a safer workplace:

Review Safety Guidelines for Equipment: Machines and tools within the kitchen often come with instructions and safety guidelines, but you can’t rely on everyone to read them on their own. Review workplace machines and tools often. These reviews should never be reserved for “new employees only” – a quick review for all never hurt anyone and will remind employees of general safety practices they may have become too careless with over time.

Provide Training: Whether it’s how to operate the meat slicer or how to lift a heavy box properly, providing employees with the proper workplace training can limit the number of accidents on the job, therefore limiting the number of workers compensation claims.

Slippery When Wet: We all know that wet surfaces are dangerous, but we don’t always remember to prevent having a wet surface in the first place. If there’s a spill, immediately clean it up. If you absolutely need to mop floors during business hours, dry the floor immediately afterwards. Do not leave wet areas unattended – slipping or falling is one of the most common injuries in the hospitality industry!

Avoid the Heat: The kitchen is a hot place! Always have pot holders and/or gloves within close reach. Have fire extinguishers readily available too – inside and outside of the kitchen!

Store Things Properly: Whether you’re putting knives into a knife block or hanging them on a magnetic strip, always put them back where they belong. This goes for all objects that can accidentally get in the way and injure someone, such as buckets in walkways or hazardous chemicals outside of the supply closet.

The abovementioned tips certainly promote a safer restaurant, but accidents can still happen to the best of us, and when they do you’ll want to make sure that you have a PEO on your side, or at the very least a great workers compensation policy!

To read more about workers compensation policies, click here.

To learn more about the benefits of working with a PEO and limiting your workplace risk, click here.

Our team is also available to answer any questions you may have.