StaffScapes Colorado leading PEO is looking for a few fun and interesting HR stories.

Do you as an employee, Hr manager or business owner have a story that your friends can’t believe took place. Submit an article in and we will post a few and discuss what should have been done to correct the situation. Please keep the article under 500 words if possible, if it is short or long dont worry we want content not necessary length. It needs to be original and in your own words. Articles can be emailed to jimt@staffscapes.com.

The best story will receive a $25.00 Starbucks gift card. Look forward to hearing from you.

Why should I consider using a PEO?

Professional Employer Organizations (PEO) are quickly becoming one of the best ways to handle employment for small to medium sized businesses. Previously called employee leasing, these firms have become more professional and are widely accepted by regulators. 

A PEO takes over all the administrative aspects of being an employer. This includes hiring, progressive discipline, firing, payroll, employee manuals, handling complaints, employee benefits, safety, and workers compensation. The small business retains the ability to keep or remove persons from their staffs and the culture of that small business stays the same, but without the headaches associated with employment. 

A PEO acts like your very own Human Resources Department. They offer employee benefits previously reserved for Fortune 500 companies. Complete health & dental, 401k retirement, section 125 cafeteria plans and disability plans are just some of the offerings.   

StaffScapes, Inc. has been serving Colorado and surrounding areas for over 12 years. Contact our office to learn more at 303-466-7864 or email info@staffscapes.com.

StaffScapes mission is to provide cost effective HR and Payroll solutions for employers.

Have you signed up with a PEO other than StaffScapes and wandered what happened to the sales person or the customer service manager you worked with when setting up your company. This is an all to common complaint with national companies that we hear about.  A PEO is in business to leverage their expertise in the business of employment so that you or other managers have more time to focus on business and not the business of employment. If you do not see or here from your PEO how can they leverage that expertise.  Looking to improve that relationship give StaffScapes a call. 

StaffScapes is a Denver based Professional Employer Organization serving small to medium sized companies in the Colorado region.

Are you looking to make your business great? Let a PEO help you go from Good to Great.

In Jim Collins book "Good to Great" he talks about getting the right people on the bus. How can I get the right people on the bus in these tough times without hiring more employees? By partnering with a Professional Employer organization or PEO you are getting a large dedicated staff to help grow your business. Imagine how you can become an effective leader or manager if you did not have to worry about common and simple tasks that are non-revenue generating aspects of a business such as Payroll, Benefits, and HR management. A PEO allows you to get back to managing and running your business. Did you get into business to handle COBRA, Unemployment and workers compensation claims? StaffScapes a PEO will partner with business owners to take their business from "Good to Great".

Contact a PEO today to begin this journey.

See Also

• Good To Great
  Jim Collins home page

Colorado PEO makes changes to check stock to deter ID theft.

A big concern for StaffScapes is your personal identity safety and eliminating any chance of ID theft.  You will notice three areas that have changed or have just been changed on your payroll checks:

-  To comply with certain state laws only the last 4 digits of an employees social security number are being printed on StaffScapes checks.

-  If you have direct deposit only the last four digits of your account number will show on the checks.

-  The last change is to the signature line on StaffScapes checks no longer will they say and show ***VOID***, it will now say "Direct Deposit".

If you have questions or would like to see other changes please contact StaffScapes at 303-466-7864.

Employees finding Blackberry’s a mixed blessing.

Recent news reports and surveys are showing that employees are working more due to technology. The Blackberry and other smart phones have increased productivity among many workers that use them. Employees are also saying that they are working longer hours because of Blackberry and other PDA’s. Everyone has herd the term "CrackBerry" because employee’s can not escape the use of there BlackBerry. Some employees are saying that they find it difficult to escape the office and to stop working once they leave for the day.   The Pew Research center reports that 48% of employee in larger companies are expected or are required to check work related emails when not at the office. This has become an issue for many Human resource professional across America.  Should the few minutes an employee checks his email be counted towards hours worked? Should a supervisor be communicating with employees about projects after normal work hours? How will this be counted when an employee is a salaried individual?

Does your company have a PDA or BlackBerry policy? What about a driving policy while using a cell phone? In today litigious society it is very important for employers to have such policies in place. To learn how to write a Blackberry or Cell Phone policy contact your HR professional or StaffScapes for assistance in creating a new policy.

See Also

• Pew reseach Center
  Emails a mixed blessing

Sign up with StaffScapes today for full service payroll solutions and no service fees.

Take a Break from Payroll Paperwork.

Spend less time managing your payroll with Staffscapes. We relieve your company of the many burdens presented by the “business of employment”. We provide you extra time and freedom that is needed so you can grow and succeed in your business. StaffScapes, Inc. can be your simple answer to all your HR, Payroll, and Employee related requirements.

Take the Staffscapes challenge by calling today (303-466-7864).

Employers need to be aware of the changes to the ADA that the new ADA Amendments Act puts into place effective January 1, 2009.

The ADA Amendments Act of 2008, signed by President Bush on September 25, 2008, came about from members of Congress disagreeing with key Supreme Court rulings defining “disability”. The amendments will overturn these prior court cases broadening the definition of disability and increasing the number of employees to be covered. The amendment restricts the ability to determine disability based on ameliorative effects of mitigating measures. Impairments that are episodic or in remission will now also be seen as a disability if it limits a major life activity when active. Congress in addition ordered the EEOC to issue new regulations on when an individual is “substantially limited”. On the plus side Congress has outlawed reverse discrimination suits.

The changes to the ADA will now make many more employees qualified as disabled. Employers will need to spend more time on determining reasonable accommodations than on whether the employee is disabled.  HR policies and procedures will need to be updated and competent professional assistance should be procured.

See Also

• EEOC Notice Concerning the ADA Amendments Act of 2008
  ADA Amendments

The year 2009 or 2010 may bring an extra payday to employees.

Next year or the following, brings another possibility of an extra payday for many workers. Employees that are paid on a weekly basis and certain biweekly paid employees may have an extra payday depending if their employers chose to pay employees prior to or after the normal payday of January 1, 2010.  Since January 1^st is a federal holiday, employers will need to decide to pay their employees early (December 31, 2009) or after (January 4, 2010).  Based on this decision, the employees will have a 53^rd paycheck if they are paid weekly or a 27^th paycheck if they are paid biweekly. If the employer chooses to pay the employees early then 2009 will be the year with an extra payday. If the employees are paid after the holiday then 2010 will be the year affected.

Not all biweekly paid employees will have an extra pay.  Only those employees that have a normal payday of January 2, 2009 will have this extra pay scenario.  If the biweekly paid employee is normally paid on January 9, 2009, then there is not the extra payday possibility.

This extra payday does not mean that employees are being overpaid. Employees that are paid on a per hour basis still worked those hours so they are not being paid extra.  However, employees that are paid based on an annual salary will be paid an extra paycheck which would result in a higher salary for the year. Due to this possibility we suggest that every employer review their compensation plans for the 2009 and 2010 years.

During these had economic times, lay offs are causing an upswing in EEOC claims.

A recent article written by Jeff Thomas in the Boulder County Business Report has attorneys and local EEOC employees stating that wrongful termination claims will increase during these slow economic times. During this down economic time, laid off employees are having a harder time finding a replacement job.  As time drags on with out employment, the ex-employee will likely become angry and focus on the lay off. Employers need to make sure that they are abiding by fair employment practices during lay offs or they will have employment attorneys and the EEOC knocking on their doors. Lay offs should be handled very carefully and employers should make sure they have good documentation to back up their decision. Both, EEOC representatives and attorneys, that are quoted in this article state that the number of disputes are rising. 

Employers need to get assistance through either their employment attorneys or their HR representatives.  It is too easy for an employer to pick the wrong employee to lay off, only to have that employee come back with a wrongful termination or discrimination claim. These type issues are expertly handled through the use of a Professional Employer Organization (PEO) such as StaffScapes. PEOs act as an outsourced HR department and give expert advise on legal employment matters such as lay offs.

To read the full article from the Boulder County Business Report click on the link below.

See Also

• Boulder County Business Report - Online!
  The Boulder County Business Report, best known for its award-winning print edition, delivers quality business journalism through many forms of media.

Email accounts and social networking sites can and are hurting job seekers.

Do you have an email account that reads bigdogjoe @...... or Coronajim@.....? If you do and you are unemployed you may want to open another free email account to place on your resume. A client that was looking to hire mentioned to me he had on person that sent in a resume had an offensive email account. If he has an email like the above what type of person is he or she in real live.

Employers and Human Resources departments are increasingly using the Internet to review and research applicants. Social networking sites such as Facebook & Twitter can be a trap for some job seekers. Once something is said on the Internet it is very hard to hide or removed. If looking for work take a few minutes and review what you have said on line. If possible lock sites and clean up pictures on your accounts. If you have said something that is not appropriate on Twitter get busy and tweet so has to bury it inder many other tweets.

Summer is here!  With no papers to write or tests to take, many high school and college students are hanging out at the pool enjoying their much anticipated time off.  But many others are looking to earn some extra money and a chance to improve their skills.  For many employers, this is a great opportunity to get caught up on tasks without the need to hire an employee long-term.  Due to the planned length of employment and the demographic involved, some employers easily confuse these jobs believing that the on the job training students receive qualifies as an internship and may offer the position as unpaid.  The Fair Labor Standards Act (FLSA) has specific requirements you need to know when evaluating the type of position you have available.  To qualify for an unpaid internship, the following criteria must be met according to the Department of Labor:

1.    The internship must be similar to the training the student would receive in an educational environment.
2.    The experience will benefit the intern.
3.    The intern does not take the place of another employee and is supervised by existing staff.
4.    The employer receives no immediate advantage from employing the intern and may in fact have their operations interrupted due to the training involved. Typically, more supervision and training is required for the intern compared to other employees. 
5.    The intern is not guaranteed a job at the end of the internship period.
6.    The employer and the intern understand that the intern is not eligible for wages for the time spent in the internship.

If all of the above criteria are not met, chances are the position would be viewed as an employment relationship and would be subject to wage and hour laws.  For more information, please review this Fact Sheet.

For further assistance or more information, please contact StaffScapes, Inc. at 303-466-7864 or info@StaffScapes.com

Cell phones are a way of life.  We update our Facebook accounts, check e-mail, find a restaurant, text our significant others and even occasionally talk to someone.  But increasingly, cell phones are becoming a vehicle for what is being labeled as “textual harassment” or harassment via text messages.  It’s easy to discount, thinking that this is a simple issue and one that won’t ever affect you, but “textual harassment” is becoming a problem for all age groups and it is an issue that employers must deal with.

Employees today are using their cell phones as new weapons for sending threatening and abusive messages to co-workers.  They are spreading non truths about others including their supervisors and/or the companies they work for.  They are sexually harassing colleagues and employees alike and even bullying co-workers.  Considering all of this, it is important for employers to have clear policies in their handbooks that detail what is and is not acceptable when it comes to texting.  This form of harassment can also apply to social media posting. When drafting your policies, consider the usage of not only personal cell phones but also privacy issues related to company paid for and company reimbursed cell phones as well. Once your policies are in place, you should establish training for staff members that explains your position and outlines procedures for complaints to management.  Dealing with reports immediately, documenting the complaint, investigating the claim and evaluating the evidence for potential corrective action will go a long way in defending you and your company should the EEOC get involved. 

StaffScapes is experienced in dealing with claims of textual harassment and works with its clients to have clear policies established.  For more information or assistance for your company, please call StaffScapes at 303-466-7864.

Selling.  Whether you like it or not, each and every one of us must sell no matter what our position within the company is.  You may not be the company “closer”, in other words, the one to ask for the sale and complete the transaction, but you do sell.  Selling is nothing more than the Art of Influence and assisting people with their decisions.  We sell every time we answer the phone.  Don’t see how that is selling?  Think about the last time you called a business and the person on the phone lacked service with a smile, knowledge or organization.  Did they earn your business?  If you are scared by this little four letter word, try a little word play.  Change sales to help.  Is it easier for you to help a customer make a decision on the best product for their needs? 

Recently, our sales team attended a webinar presented by Clay Kelly, a leading expert in our field of Professional Employer Organizations.  He encouraged applying the following to our daily planning for a successful 2011.  We agreed and decided to share the tips with you too.

1. FOCUS!  Don’t let little distractions derail your production and ultimate success.

2. WORK HARD!  Push yourself to do just a little more every day and you will end the year with more calls, more appointments, more referrals and more business. 

3. TIME MANAGEMENT!  Schedule smart so you can make every hour productive.  Block off time for calls each week and don’t allow yourself to get distracted.

4. PLAN!  Plan your day, week, month and year.  Remember, those who don’t plan, plan to fail. 

5. PROSPECT INTELLIGENTLY!  Maximize your prospecting time.  At least 20% of your time should be devoted to this.  Get to know friends of contacts and their friends.  Be smart about your prospecting.  Research and plan ahead.

6. QUALIFY!  NEVER leave a meeting without setting the next meeting!  If the prospect cancels, push to get the meeting re-booked.  If they hesitate, flat out ask if there is a problem and if they are still interested or not. 

a. Qualify and get to the core issue…don’t drag it out.

b. If you leave 2 messages, on the 3rd, leave a message that says you don’t want to continue bothering them and this will be your last call.  Tell them that if you have mistakenly viewed their not being able to return calls as a no, please let you know.

7. GET INVOLVED!  Become an active part of groups that you enjoy.  Be it the Chamber, Church, local group etc.  Get on a committee and involve yourself in some leadership capacity.

8. ASK! Ask Better Questions! Remember that the majority of businesses do not go with the cheapest price. People buy from people whom they:
1)LIKE
2)TRUST
3)Who are CAPABLE of helping them

9. CONTROL! Do NOT leave anything for the prospect to complete!  It is your job to ask questions and have much of the paperwork completed in advance.  Know the decision time frame and process for every prospect you are following. 

10. SET EXPECTATIONS!  Educate your prospect on how you work and establish a timeline.

11. PREPARE FOR OBJECTIONS!  Have multiple responses for every objection.

12. Always ASK for the business!

Put these actions in to your plan this year and watch your success grow.  Do you have any other tips you would like to share?  If so, let us know!

To our success!

Recently, the Labor Department announced that they would be getting more aggressive on businesses that improperly pay workers.  In an effort to ensure employees receive all monies due to them, the Labor Department has signed agreements with several states and the Internal Revenue Service to share information unilaterally regarding businesses that improperly classify their employees as independent contractors when they are actually employees.  Some factors that may indicate an employment relationship could include:  the person is directed by you, they are paid an hourly wage, they receive training, they use your tools and supplies and they are required to work when scheduled.  Alternatively, an independent contractor is in business for themselves, has other clients, is able to direct themselves and does the job when scheduling works best for them and they can complete the project. 

To learn if you are compliant regarding the person you have hired, ask yourself: 
1. Do I pay my "employee" using a 1099?
2. Did I review the "IRS 20 factor test"?

If you answered yes to either of the above questions, you may be out of compliance. The IRS no longer uses what used to be called the "IRS 20 factor test". In its place, they now offer an essay style questionnaire in which your responses are submitted for their review. Improper classification of employees can result in large fines from multiple agencies.  As just one example, in August we reported that the Colorado Department of Labor and Employment had submitted a draft proposed rule to establish fines associated with employee misclassification.  If approved, The CDLE will fine first offenders 5% of each misclassified employees annual gross wages or $100, whichever is greater. Repeat offenders will be fined 25% of each misclassified employees annual gross wages or $500, whichever is greater. Do you really want to start a conversation with the IRS?

StaffScapes can help you determine the proper classification and avoid penalties from the IRS. Why not work with a local partner to ensure you are compliant?  StaffScapes is a full-service Human Resource and payroll company that helps small businesses with important tasks such as:
 

• Human Resources
• Workers' Compensation
• Employee Relations
• Unemployment
• Benefits
• Risk Management
• Payroll
 

For more information, please contact Jim Thibodeau at 303-466-7864 or info@StaffScapes.com.

As a requirement for OSHA under the Hazard Communication Standards, employers are responsible for informing employees of exposure to chemicals and hazardous materials in the workplace. According to the OSHA 3084 – Chemical Hazard Communication, employers are responsible to:

• Identify and list hazardous chemicals in their workplaces
• Obtain MSDSs and labels for each hazardous chemical
• Develop and implement a written hazard communication program
• Communicate hazard information to employees

Failure to comply with these regulations could result in penalties and fines. In September, OSHA proposed penalties of up to $49,200 for two manufactures and two distributors in Florida citing failure to protect employees from exposure to formaldehyde and failure to communicate hazards of products to its employees. The two distributors received penalties of $12,600 each for not posting accurate MSDS that correctly identified formaldehyde as an included product.  In addition, the companies were reprimanded for failure to maintain a written hazard communication program. The entire DOL OSHA statement can be viewed here.

If you need assistance with compiling or updating your MSDS sheets or a written program, please contact the Workers’ Compensation department at StaffScapes at 303-466-7864.