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May Compliance: Is Your Business Compliant?

HR Compliance

Spring is in that air and we love it here at CorpStrat. Last month we had several questions regarding the legalization of marijuana in the workplace, how employers can protect themselves, and paystub correction inquires so we thought we would tackle theses issues in our newsletter this month.

As many of you are aware, California is one of 8 states that legalized marijuana for recreational use. Prop 64, effective January 1, 2018 outlines this however; California employers can and should ban marijuana use in the workplace to ensure a safe work environment. California employers generally cannot randomly drug test employees however, they can test under the following circumstances:

  • Pre-employment screening
  • Physical examination
  • Under reasonable suspicion
  • Post accident
  • Employees in highly regulated industry or position critical to public safety

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Ensure That Your California Business Is Compliant

Proposed HR Compliance Laws

California law makers are currently reviewing several proposed laws that effect employers of all sizes (and not necessarily in a good way.)  The following laws are likely to become effective within the next 12 months.


  • Paid Sick Leave Expansion (AB 2841) – This bill would expand the current paid sick leave law on the books per county to 10 days (80 hours) of paid sick leave.
  • Employment Protection for Medical Marijuana Users (AB 2069) – This bill would amend the Fair Employment and Housing Act to make it an unlawful employment practice for an employer to take adverse action against an applicant or employee. All because of a positive drug test for marijuana (by a medical marijuana cold holder) or because of one’s status as a medical marijuana card holder.

[An employer may still discipline an employee for being under the influence while working or being on the employer’s property. Key change relates to the area of employee accommodations. Exceptions would be made from employers who would lose a license or monetary benefit under federal law.]

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Get Informed on Rising Health Care Costs

 Association Based Health Insurance – A Cure For Small Group?

Under the Affordable Care Act (ACA), employers that do not meet the 50 or more full-time or full-time equivalent employee threshold to be Applicable Large Employers (ALEs), are not required to offer health coverage. Nor do they face penalties. Not surprisingly, as a result, smaller businesses often do not offer coverage.

New regulations proposed by the U.S. Department of Labor (DOL) want to change that dynamic. And in a thriving economy, where unemployment means retention is key, health insurance is a key driver in employee acquisition and retention.

Up to 11 million Americans working for small businesses or who are sole proprietors and their families lack employer-sponsored insurance. The DOL hopes new rules on HOW healthcare plans are purchased will close the gap of uninsured Americans; without eliminating options available in the healthcare marketplace.

New Rules

The proposed regulations will allow small business health plans—known as Association Health Plans (AHP)—to expand under The Employee Retirement Income Security Act of 1974 (ERISA). This may allow the self-employed and other small businesses to band together to form their own associations for the purposes of providing healthcare coverage.

AHPs would be required to accept all applicants and could not deny individuals with pre-existing conditions or charge more for people who are sick. However, they could reduce prescription drug coverage and increase coverage in other categories to compensate for the reduction, the effect of which would be to increase costs for chronic care patients.

The employer members of these plans would need to be in the same trade, industry, line of business, profession, or to have their principal place of business in the same state, or, if in multiple states, in the same metropolitan area.

Under the current regulations, an AHP is considered a single plan only if the association has a purpose or function unrelated to offering healthcare benefits and the employer members have a common economic interest. So, few options exist and all have to comply with the ACA’s “essential benefit rules”.

The end result of these new rules, or so the thinking goes, is that this will make premiums more affordable. The trade-off is that these health insurance plans would be less extensive then what is usually required by health insurance plans offered by the current marketplace. Lots of review and legislation await the proposed offering of new association plans. However, they offer a glimmer of home to the problem of rising health insurance costs.

California Based Company Finds Outsourced HR Support Invaluable With CorpStrat HR

Kermisch & Paletz LLP is an established litigation and family law firm with over 30 years combined expertise in the areas of family law, civil litigation, immigration, mediation, and appeals. Their unique team approach to law, even in practice areas that are traditionally left to sole practitioners allows them to deliver the best results for their clients. They never lose sight of putting their clients’ needs first and to position them in the best way possible for a successful outcome. Holding similar values, the team at CorpStrat, who are dedicated to delivering Kermisch & Paletz’s HR and risk management compliance needs.

Managing Growing Pains

Like many California-based businesses, Kermisch & Paletz LLP, was feeling the growing pains of a successful start-up business. Knowing that having a solid HR infrastructure and key staff to address employee and compliance issues would allow them time to focus on their business. In 2017, they made it a priority to seek outside HR support.

“The laws are changing in my own field, and when it comes to employment law its even more complicated,” said Jorge Velasco, Senior Partner at Kermisch and Paletz. CorpStrat HR is our go-to for all our HR needs.”

HR and risk management compliance were just the beginning. With CorpStrat HR, Kermisch and Paletz found a complete HR solution including payroll, employee benefits, HRIS system and much more.

“CorpStrat HR is the best value in town,” said Mary Lu, Partner. The service level far exceeds what we were getting before.”Business people shaking hands, finishing up a meeting

Employee Relations      

CorpStrat HR has become the key resource for all our HR related issues at Kermisch and Paletz. Whether its coaching an employee, guiding management on key issues, addressing an employee’s concern, or addressing new changes in the field of HR.

HR Compliance

CorpStrat HR provided relief to a sensitive HR matter they were not familiar with. The depth of experience in complex matters involving different personalities and view-points was a definite advantage.

 Personalized Service

“We really enjoy working with our dedicated representative, Victoria. She is knowledgeable, proactive, responsive and the employees like her too.” A key differentiator with CorpStrat HR is you will find them working with the client side-by-side. The HR representatives truly become part of the company’s culture.

CorpStrat HR Value Proposition

Jorge and Mary now have peace of mind knowing they can reach out and have the guidance and expertise that CorpStrat HR offers. With CorpStrat HR you don’t have to spend time worrying about the nuances of HR, insurance, or payroll. Those are things you can outsource, and instead focus on what you love to do. For Kermisch and Paletz, it’s practicing law.

The Uncertainty of Googling HR Issues

Why Googling HR Issues Is A Bad Idea:

In a recent conversation with a client, we spoke of employees having access to the internet. We both agreed that this can be a blessing or a curse depending on the day of the week in the HR world. Prior to working with CorpStart HR, this client said their company handled information on employment laws and other topics one of two ways:

  •    Googling it themselves, or
  •    Calling an attorney.

Calling their attorney was often a good experience. As a trusted advisor with extensive knowledge of their business, they knew they could trust the information being provided. At times this became cost prohibitive so they would Google the issue. This resulted in a mixed bag of opinions with a sprinkle of the law depending on the subject.

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Company Culture Matters Most

Company Culture: What it is and Why it Matters

It’s those two words you probably hear often if you read articles on business and management but what is it exactly? Company culture is the personality of a company and the environment in which its employees work. Recent studies have revealed that employees highly value company culture in their decision to stay with-or leave-a company. Therefore, companies with strong culture can, in fact, reduce job turnover.

Retaining employees who are happy and productive is not only good for employee morale, but also for the bottom line. Turnover can be extremely expensive for employers when lost productivity and replacement costs are considered.

According to Frances Frei And Anne Morriss at Harvard Business Review:

“Employees make hundreds of decisions on their own every day, and culture is our guide. Culture tells us what to do when the CEO isn’t in the room, which is of course most of the time.”

Since each company is unique, the way in which you create and build your company culture will vary. However, one constant is that all cultures can be classified as being ‘weak’ or ‘strong’.

Weak Company Culture = Employees accept their responsibilities and cultural duties out of fear of their superiors and harsh policies, and they do things out of impulse.

Strong Company Culture = Employees respect, adjust and adhere to their company’s policies. Employees in this type of culture tend to enjoy working, accept their roles and responsibilities willingly, and try to learn as much as possible.

Developing Values for Your Company’s Culture:

  1. Recognize and reward valuable employee contributions. Recent studies have shown that the top 20% of companies with a recognition-based culture have 31% lower turnover. Also, a large majority of workers believe that recognition is a key factor for them.
  2. Flexibility – 51% of workers believe that a flexible schedule is a factor that significantly drives retention. Some popular ideas are telecommuting, flexible scheduling and PTO policies.
  3. Benefits – There are a variety of employer sponsored programs that encourage employee engagement and increase morale and retention. In addition to your core benefit offerings (medical, dental, vision), try implementing a wellness program, paid parking, and/or transportation reimbursements. There are also many voluntary benefits available such as Life, Short Term Disability, and new trendy offerings such as Identity Theft and Pet Insurance.

These are just a few ways that you can attract, retain, and reward employees and grow your company culture. Today’s workplace is vastly different than it was in the past. Employees care about your reputation as a company and are constantly evaluating employers on their corporate culture. In fact, many workers view cultural compatibility just as important as salary! A positive and strong company culture vastly improves retention as employees who identify with and feel a sense of belonging are happier and are more likely to stay.

With that said, if you could describe your corporate culture in three words, what would you say?


References:

https://www.forbes.com/sites/joshbersin/2012/06/13/new-research-unlocks-the-secret-of-employee-recognition/#615d82695276

https://qualityincentivecompany.com/wp-content/uploads/2017/02/SOAW-2017.pdf

https://hbr.org/2012/05/culture-takes-over-when-the-ce