Private Club Payroll & HR Essentials

 

ClubPay's blog will provide timely thought provoking articles that position you to respond confidently to the unique challenges faced in today's employment market.  We will provide you with important information and perspectives on how to protect your club, build your team and retain your best staff. 

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Club Management: EEOC Nearly Doubles the Penalty for Posting Violations

  
  
  
  

Effective April 18th 2014, EEOC the Equal Employment Opportunity Commission is raising the penalty amount per non-posting violation by $100, from $110 to $210.  This violation is for non-posting notices regarding the Civil Rights Act Title VII protections, provisions of the Americans with Disabilities Act (ADA), and provisions of the Genetic Information Nondiscrimination Act (GINA).

What does this mean? In short, if you fail to post all three EEO postings in a prominent place where notices to employees are customarily kept and updated, your club could be fined $630.EEO Poster

It has been 17 years since the last time EEOC adjusted the penalty amount, and have done so now to reflect inflation and promote compliance.  Under Title VII, every employer covered by the EEO requirements must post notices describing the right to be free of discrimination and harassment in the workplace.  The notices must be posted in an accessible place where employees and applicants will know to look.

Due to recent and anticipated mandatory changes to Federal & State Labor Law postings, now is a good time to review the requirements to ensure compliance.  Contact us, to speak with a ClubPay HR Professional to help.

To learn how we can help reduce liability exposures for your Club, request a complimentary analysis with a ClubPay Payroll/HR Specialist –

Request an Analysis

Club Management Update: ACA Employer Mandate Delayed for 2015

  
  
  
  

The Employer Mandate has been delayed for medium sized employers until 2016. On February 10th the Department of Treasury announced that businesses with 50 to 99 full-time equivalent employees will have until 2016 to provide health care coverage to their employees before risking a federal penalty for not complying with the Employer Mandate provision of the Affordable Care Act in 2015.  A revision was also made for employers with 100 or more full-time equivalent employees; health insurance will need to be provided to only 70 percent of their full-time employees in order to comply with the Employer Mandate in 2015. The recent Employer Mandate changes only affect obligations for 2015; starting in 2016, all businesses with 50 or more full-time equivalent employees must provide health care coverage to 95 percent of their full-time employees.

Are you looking for ways to stay abreast of the evolving regulatory environment and ensure compliance with the latest rules; ClubPay has enhanced Human Resource offerings to help.

To learn how we can help reduce liability exposures for your Club, request a complimentary analysis with a ClubPay Payroll/HR Specialist –

Request an Analysis

 

Club Management; What Changes will Health Care Reform Bring in 2014?

  
  
  
  

2014 Health Care ReformWith a one-year delay of the employer mandate for the provision of the Health Care Reform that fines certain businesses for failing to provide health insurance, you may wonder what, if any impacts Health Care Reform will have on employers over the course of this year.  Here‘s a summary of the key Health Care Reform provisions that could impact your Club in 2014.

90-day Maximum Waiting Period – For health plans renewing on or after January 1, 2014; employers may no longer impose a waiting period that exceeds 90 calendar days (60 calendar days in California). The maximum waiting period provision applies to employers of all size. This means that if your current health insurance waiting period is “the first of the month following 90-days of employment,” you will need to adjust this duration once your plan renews in 2014. Many employers have opted to switch to a “first day of the month, following 60 days” waiting period federally, and most California employers will be changing to “the first of the month following 30 days.” If you do have to make a revision, it is important that your official benefit plan documents as well as any mention of the health insurance eligibility period in your handbook are updated accordingly.

Employer Mandate – The Employer Mandate is the provision of Health Care Reform that requires large employers (those with 50+ full-time equivalent employees) to offer health insurance to all full-time employees working 30+ hours per week or face a penalty. Although the Employer Mandate has been delayed until January 1, 2015, if you are a borderline employer (meaning, your organization has nearly 50 employees), it is time to start counting your employees now. The look-back period for determining which employers are subject to the employer mandate encompasses the 2014 calendar year. Before the delay of the Employer Mandate, the IRS had issued transitional relief allowing the employer to use any consecutive si -month period in 2013 to assess whether the company would be categorized as a large or a small employer and subject to the employer mandate in 2014. It is still unclear as to whether this transitional relief will apply in 2015. Thus, borderline employers must begin averaging their monthly full-time equivalent employees now, as it is possible that they will be required to use a monthly average of the full twelve months of 2014 to determine whether they are large or small employers for employer mandate purposes in 2015.

Individual Mandate – The Individual Mandate is the requirement for all Americans to secure health insurance coverage or face a penalty. It became effective January 1, 2014, and Americans will become subject to receiving fines if they are not covered by health insurance for a period of three or more months. Therefore, any uninsured individuals must secure coverage on or before March 31, 2014 in order to avoid the penalty. In 2014, the Individual Mandate penalty is $95 or 1% percent of taxable income, whichever is greater.

New Health Care Consumer Protections - While Health Care Reform places several new consumer protections on health plans beginning in 2014, below are the two major consumer protections now in effect:

1) Pre-existing Conditions – Beginning in 2014, health insurance plans may no longer refuse to cover an individual or charge an individual a higher premium based on a pre-existing health condition. In addition, once a health insurance consumer secures a health plan, the plan may not refuse to cover treatment for pre-existing conditions (i.e. coverage for pre-existing conditions must begin immediately). There is an exception to this rule for grandfathered individual health plans (not purchased through an employer).

2) Annual Limits – In 2010, the Affordable Care Act disallowed an insurance company from placing a lifetime limit on the essential benefits of the health insurance plan. Beginning in 2014, the same applies to annual limits on essential health benefits. So for plans renewing on or after January 1, 2014, no yearly dollar limits on essential health benefits are permitted.  However, it is important to note that insurance companies can still place a yearly dollar limit and a lifetime dollar maximum on spending for health care services that are not considered essential health benefits. There is an exception to this rule for grandfathered individual health plans and some group health plans that have received a temporary waiver from the annual limit rules.

Expanded Small Business Tax Credit – The maximum amount of the health care tax credit for small businesses in the 2010 – 2013 tax years was 35% of the amount an employer contributed to an employee’s health plan. This limit has increased to 50% in 2014. To be eligible for this credit, the company must have less than 25 full-time equivalent employees (excluding owners), pay average annual wages of less than $50,000, pay for at least 50% of the cost for employee only health coverage and purchase coverage in the SHOP Exchange.

State Health Care Exchanges

Marketplace – The State Exchanges (or “Marketplace”) has opened, and individuals can log in and shop for health insurance coverage from a variety of carriers. Additionally, individuals who earn an annual salary of up to 400% of the federal poverty level (approximately $46,000 for an individual and $94,000 for a family of four) may be eligible for a federal premium subsidy if the cost of their health care coverage in the Marketplace exceeds 9.5% of household income. Open enrollment in the Marketplace closes on March 31, 2014. Remember, if an employee opts out of the company-sponsored health plan in favor of securing coverage through the Marketplace, the employee will lose any employer contribution to the plan and will no longer enjoy pre-tax deductions for health insurance premiums through the company’s Section 125 plan.

Small Business Health Options Program (SHOP) – The SHOP Exchanges are also open for small employers (generally those with fifty or fewer employees); however, the online shopping tool for small employers is not yet available in the states and default to the federally-run Exchanges. At this time, the SHOPs in those states are only available through a health insurance broker, agent or insurer. It is important to note that no business is required to use the SHOP Exchange, it is simply an option.

State Medicaid Expansions – The Affordable Care Act intended to expand Medicaid for most low-income Americans earning up to 138% of the federal poverty level (approximately $16,000 for an individual or $32,500 for a family of four). However, a Supreme Court decision has left the decision whether to adopt this Medicaid expansion up to each state. Currently, 26 states and the District of Columbia have opted to adopt this expansion in 2014.

Non-Discrimination – Often overlooked, this provision of Health Care Reform will likely bring some changes to the manner in which employers offer health coverage. Basically, the non-discrimination provisions prohibit the employer from offering more generous benefits or higher contributions to highly compensated individuals (HCIs). The IRS code defines a highly compensated individual as: (1) one of the five highest paid officers; (2) a shareholder who owns more than ten percent of the stock of the employer; or (3) among the highest paid 25 percent of all employees. Some examples of provisions that may cause a company’s plan to fail the non-discrimination testing requirements are offering a management carve-out health plan, offering a richer health plan for managers/owners, having a shorter health insurance eligibility waiting periods for managers/owners, and/or offering higher contributions to managers/owners than to other employees. It is important to note that this provision of Health Care Reform has been indefinitely delayed, and we are still awaiting detailed guidance from the IRS regarding the specific parameters of this rule.  It is likely that this provision will not be implemented in the 2014 calendar year.

Employers are facing some important tasks to take into account with respect to Health Care Reform this year. In response, ClubPay has enhanced Human Resource offerings to help Club Management stay abreast of the evolving changes and ensure compliance with the latest rules.

To learn how we may help reduce liability exposures for your Club, request a complimentary analysis with a ClubPay Payroll/HR Specialist –

Request an Analysis

For more helpful Human Resource articles like this; be sure to ask our Payroll/HR Specialist for a free 1 month trial to ClubPay's HR Support Center. https://clubpay.myhrsupportcenter.com

 “2014 Health Care Reform Update” HR Advisor, Feb. 2014:

ClubPay HR Ed. Summary: "10 Ways to Invite an Employee Lawsuit"

  
  
  
  

describe the imageCheers to another great year!

We had a great turn-out for our ClubPay HR Education Webinar and we look forward to hosting another this spring.  We are particularly interested in hearing from you; tell us what topics you would like to see presented in future ClubPay HR Education events.  Please comment your suggestions below and we will do our best to accommodate.

Our discussion with Mr. Brannen and Ms. Kell about the ten most common mistakes employers make that have potential to cost their Club tens of thousands of dollars; was eye opening to specific areas where more EEOC enforcement should be expected.  In response, to those who were unable to join us we have composed a brief summary of our discussion with a copy of the power point presentation to share.  We hope you are able to gain some practical tips to apply at your club and help avoid an employee lawsuit.

Download Webinar Summary: "10 Ways to Invite an Employee Lawsuit"

During this time of uncertain and sometimes confusing Federal and State employment regulations being imposed that can present economic challenges for non-compliance.  ClubPay has enhanced Human Resource offerings to focus on helping Clubs improve efficiency in managing their employees, payroll and HR compliance processes.

Rely on ClubPay’s Human Resource expertise for…

(HRO)  HR Outsourced Services Plus

  • Separations  - Documentation Guidance  - Unemployment Claims
    Administration - Turn-Over Analysis - Liability Avoidance/Mitigation Guidance - COBRA Administration - Former Employee Historical Data Retention
  • Regulatory Compliance - ACA Employer Report  -  EEO Report –Vets 100 Report – Historical Reports – Regulatory Change Alerts – Compliance Guidance related to: employee handbooks, recruitment, selection, performance management, discipline & termination – Employment Law Guidance (FMLA, FLSA, EEO, ADA, etc.) – Personnel Risk Management Best Practices – Wage & Hour; Contractor Guidance
  • Full Service Benefits Administration - Electronic Benefit Enrollment – Enrollment Communications & Tools – Carrier Connections – Employee Service Center – Statement Reconciliation – Client Advocacy – COBRA Administration – Leave of Absence Tracking – Employee Assistance Program
  • Safety & Risk Management - Onsite Loss Control Evaluation –OSHA Log –  Claims Management – Injured Employee Contract – Occupational injury/ illness Management Guidance - OSHA complete reporting system (including OSHA standard injuries), and Workers’ Compensation claims.
  • Training & Employee Development - Training Tracking – Performance Management Tracking – On-line Training – Seminar Series – Onsite Training – Compensation Tracking & Management
  • Employee Relations - HRIS – Employment / Life Balance Perks – Employee Relations Guidance – Forms Library – HR Help Desk

When you speak to a ClubPay Payroll/HR specialist, you’ll be assured to speak with a knowledgeable person who cares and has club industry expertise to help. This gives us a unique ability to help creatively solve even your most complex club payroll and HR challenges.

Would you like to learn how we may help reduce liability exposures for your Club?

Request an Analysis

Club Management Update: Drug Use Among U.S. Workers Down 74%

  
  
  
  

Drug Free Work PlaceDrug use among U.S. workers is down 74% over 25 years since passage of the Drug-Free Workplace Act of 1988, although the rate of positive test results for certain drugs, including amphetamine and opiates, continues to climb, according to a landmark analysis of workplace drug test results by Quest Diagnostics.

The Drug Testing Index (DTI) analysis examined more than 125 million urine drug tests performed by Quest Diagnostics forensic toxicology laboratories across the United States as a service for government and private employers between 1988 and 2012.

The analysis examined the annual positivity rate for employees in positions subject to certain federal safety regulations, such as truck drivers, train operators, airline and nuclear power plant workers (federally mandated safety-sensitive workers); workers primarily from private companies (U.S. general workforce); and the results of both groups together (combined U.S. workforce).

Key findings from the analysis:

  • The positivity rate for the combined U.S. workforce declined 74%, from 13.6% in 1988 to 3.5% in 2012.
  • The positivity rate for the federally-mandated safety sensitive workforce declined by 38%, from 2.6% in 1992 to 1.6% in 2012.
  • The positivity rate for the U.S. general workforce declined by 60%, from 10.3% in 1992 to 4.1% in 2012.

Some reports found that the majority of Americans misused their prescription medications, including opioids and amphetamine medications.

"While this 'Silver Anniversary' Drug Testing Index underscores the nation's progress in reducing the prevalence of drug use in our country's work environments, there is a danger in becoming complacent in response to this good news," said Dr. Barry Sample, director of science and technology for Quest Diagnostics Employer Solutions, a business of Quest Diagnostics.

"Our data shows that an increasing number of workers are testing positive for certain prescription drugs, such as opiates and stimulants, reflecting the increased use, and potentially abuse, of prescription medications in the U.S. We also know from other research that the steep declines in our data's overall drug positivity rates would likely not be observed in workplaces that do not have workplace drug testing programs."

Some industries such as the restaurant industry have adopted an attitude that drug use in their industry is something they cannot control. The fact remains that drugs in the workforce contribute to industrial and other accidents, not to mention employer costs and liability. 

Drug testing is allowed under the Americans with Disabilities Act (ADA) because the ADA does not consider drug abuse a disability—but the law does not regulate or prohibit testing. Instead of a comprehensive regulatory system, federal law provides for specific agencies to adopt drug testing regulations for employers under their jurisdiction.

A comprehensive drug-free workplace program may be the best means of preventing, detecting, and dealing with substance abusers.

Such a program generally includes the following five elements:

  1. A written policy that is supported by top management, understood by all employees, consistently enforced, and perfectly clear about what is expected of employees and the consequences of policy violations.
  2. A substance abuse prevention program with an employee drug education component that focuses not only on the dangers of drug and alcohol use, but also on the availability of counseling and treatment.
  3. Training of managers, front-line supervisors, human resource personnel, medical staff, and others in identifying and dealing with substance abusers.
  4. An appropriate drug and alcohol testing component, designed to prevent the hiring of workers who use illegal drugs and to provide early identification and referral to treatment for employees with drug or alcohol problems.
  5. An employee assistance program (EAP).

The legal challenges for employers are accommodating Medical Marijuana at work so, before strictly enforcing a "zero-tolerance" drug-free policy, employers should consider the following:

  • Become familiar with your own State's requirements and limitations regarding medical marijuana use. Some laws specifically state that no accommodation is necessary for the use of marijuana in any place of employment.
  • Review current policies related to drugs and make sure that they address the issue of medical marijuana usage.
  • If the job is safety-sensitive or subject to regulations prohibiting on-the-job or off-work drug use, an employer may enforce its zero-tolerance drug-free workplace policy, regardless of state laws.
  • Consider whether an employee can be accommodated in a way other than allowing medical marijuana use or influence on the job.
  • Make sure that you do not discriminate against employees because of their use of medical marijuana.

Point to remember: Employers need to make sure that employees are made aware of drug-free workplace policies upon hire and periodically throughout their employment.

A comprehensive drug-free workplace program is critical to creating a healthy, drug-free workplace.

For more information on how we can help with your Payroll, Human Resources and Drug
Free Program, call Clare Vazquez, ClubPay HR Business Partner 561-281-4022 or
email cvazquez@certipay.com

Would you like to learn how ClubPay streamlines Payroll & HR for Clubs?

Request an Analysis

Last Call to Register! Free HR Ed. Webinar: "10 Ways to Invite an Employee Lawsuit"

  
  
  
  

ClubPay invites you to join us for a FREE complimentary HR Education Webinar to discuss common legal pitfalls and EEOC compliance issues that can put your Club at risk for an employee lawsuit.

In this seminar, we will talk with HR and Legal Experts about the ten most common mistakes employers make that have potential to cost their Club tens of thousands of dollars (through lost productivity, bad press, harm to your Club’s reputation and unbudgeted expenses).  Register below, and don’t miss out on this "priceless" opportunity to learn from our club industry experts. 

Date: Tuesday, November 19, at 2:00pm EST

Webinar: "10 Ways to Invite an Employee Lawsuit" - Register Here

Host: Christine Fox, ClubPay

Speakers: Amanda S. Kell, SPHR, CertiPay

and

D. Albert Brannen, Regional Managing Partner, Fisher & Phillips LLP

Who should attend?

General Managers, Club Controllers, HR/Payroll Personnel, Club Managers, Hiring Managers

10 Ways to Invite an Employee Lawsuit

Employees sue their employers for a variety of reasons. Some are opportunistic and come in the door looking for trouble or to make a relatively quick and easy buck. Others come on board with the best of intentions but somewhere along the way have a change of heart. While we can never for certain know a person’s intention when we are interviewing them, as employers we can do things that make us vulnerable to being the defending party of an employee lawsuit. In this seminar, Mr. Brannen and Ms. Kell will talk about the ten most common mistakes employers make that have potential to cost their Club tens of thousands of dollars.

In the Fiscal Year 2012, the Equal Employment Opportunity Commission (EEOC) collected more than $365 million from employers to be paid to employees who asserted their rights had in some way been violated. This figure does not include the employers’ other costs such as attorney fees, lost productivity, and so forth. This is a 41% increase from 10 years ago, in fiscal year 2002[1].

As a Club manager, this topic is important to you because employee litigation brings lost productivity, bad press, harm to your Club’s reputation and unbudgeted expenses…all things you want to avoid! Imagine explaining to your members that their Club will pay tens of thousands of dollars due to employment actions you have taken – or, failed to take.

Mr. Brannen and Ms. Kell will talk about the ten most common mistakes and provide recommendations to ensure your Club is compliant. They will discuss best practices, legal guidelines, and arm you with the information you need to rest easy knowing your Club is well protected if an employee does file a charge or bring a lawsuit.

As a result of this seminar, you will be able to:

  • Identify areas of exposure related to employment practices
  • Know what steps need to be taken to ensure better hiring decisions and greater compliance
  • Feel confident that you know how to respond if an employee brings a complaint to you
  • Understand resources available to help you

Join us for this complimentary "Free" HR Education Seminar on Tuesday, November 19th at 2:00pm EST. Register Here

To read full webinar description, speakers short bios, and contact information: Read On

 

Would you like to learn how ClubPay streamlines Payroll & HR for Clubs?

Request an Analysis

Complimentary HR Education Webinar brought to you by ClubPay

  
  
  
  

Date: Tuesday, November 19, at 2:00pm EST

Webinar: "10 Ways to Invite an Employee Lawsuit" - Register Here

Host: Christine Fox, ClubPay 

Speakers: Amanda S. Kell, SPHR, CertiPay 
and
D. Albert Brannen, Regional Managing Partner, Fisher & Phillips LLP

EEOC ComplianceIn response to the current and sometimes confusing Federal and State employment regulations being imposed on small to medium sized businesses that can present economic challenges for non-compliance; ClubPay is developing a series of educational seminars that focus on helping clubs to improve efficiency in managing their employees, payroll and HR compliance processes. The presentations offer relevant information with tangible, practical advice that can be applied by the club to have an immediate positive effect on the club’s bottom line. We invite you to join us for a complimentary HR Education Webinar to discuss common legal pitfalls and EEOC compliance issues that can put your Club at risk for an employee lawsuit.

Who should attend?

General Managers, Club Controllers, HR/Payroll Personnel, Club Managers, Hiring Managers

Seminar Overview: November 19, at 2:00pm EST

10 Ways to Invite an Employee Lawsuit

Employees sue their employers for a variety of reasons. Some are opportunistic and come in the door looking for trouble or to make a relatively quick and easy buck.  Others come on board with the best of intentions but somewhere along the way have a change of heart.  While we can never for certain know a person’s intention when we are interviewing them, as employers we can do things that make us vulnerable to being the defending party of an employee lawsuit.  In this seminar, Mr. Brannen and Ms. Kell will talk about the ten most common mistakes employers make that have potential to cost their Club tens of thousands of dollars.  

In the Fiscal Year 2012, the Equal Employment Opportunity Commission (EEOC) collected more than $365 million from employers to be paid to employees who asserted their rights had in some way been violated.  This figure does not include the employers’ other costs such as attorney fees, lost productivity, and so forth.  This is a 41% increase from 10 years ago, in fiscal year 2002[1].

As a Club manager, this topic is important to you because employee litigation brings lost productivity, bad press, harm to your Club’s reputation and unbudgeted expenses…all things you want to avoid!  Imagine explaining to your members that their Club will pay tens of thousands of dollars due to employment actions you have taken – or, failed to take

Mr. Brannen and Ms. Kell will talk about the ten most common mistakes and provide recommendations to ensure your Club is compliant.  They will discuss best practices, legal guidelines, and arm you with the information you need to rest easy knowing your Club is well protected if an employee does file a charge or bring a lawsuit. 

As a result of this seminar, you will be able to:

  • Identify areas of exposure related to employment practices
  • Know what steps need to be taken to ensure better hiring decisions and greater compliance
  • Feel confident that you know how to respond if an employee brings a complaint to you
  • Understand resources available to help you

Join us for this complimentary HR Education Seminar on Tuesday, November 19th at 2:00pm EST. Register Here

To read full webinar description, speakers short bios, and contact information: Read On

 

Would you like to learn how ClubPay streamlines Payroll & HR for Clubs?

Request an Analysis

[1]
Source:  www.eeoc.gov

Club Management Update: Tips to survive an ICE I-9 compliance audit...

  
  
  
  

I-9 Compliance AuditAre you ready for ICE? And I am not speaking about the cold winter...

Despite months of legislative inactivity on a stalled federal immigration reform bill, federal immigration enforcement activities have not slowed.  According to the Bureau of Labor Statistics, just before Labor Day, 1,000 businesses across the U.S. were notified by U.S. Immigration and Customs Enforcement (ICE) that they would need to prepare documents for I-9 compliance and worksite enforcement audits.  This is the largest round of these inspections, known as “silent raids,” since 2009.

The newest round of audits hit restaurants, food processing, high-tech manufacturing, agriculture, and other industries, but no industry is insulated from the possibility of I-9 audit. According to the Bureau of Labor Statistics, in the last 4 years, the government has audited at least 10,000 employers and imposed more than $100 million in administrative and criminal fines, and this enforcement push is unlikely to slow.  Just because you are not on the list does not mean they cannot come knocking at your door. So, what can you do to ensure that you are prepared for a visit from ICE?

Warm Up and Be Prepared...

The first step of an administrative inspection is receipt of a "Notice of Inspection" (NOI), which requires the employer to produce all Forms I-9 within 3 business days. In some cases, supporting documentation such as payroll records, employee lists, and licenses may be required.

After thorough examination of these documents, ICE will issue any of several notices, depending on its findings. The "Notice of Suspect Documents" and "Notice of Discrepancies" are issued when employees are either determined to be unauthorized to work or when a determination cannot be made.  Employers will be given the opportunity to present additional documentation to establish employment eligibility—otherwise, employers will be advised to terminate the work relationship.

If errors in the Forms I-9 are found, a "Notice of Technical or Procedural Failures" will be issued, and employers will have 10 business days to correct these errors (otherwise they will become substantive violations.) When the review is complete, a Notice of Intent to Fine will be issued, upon which the employer may negotiate a settlement or request an administrative hearing within 30 days.  If no further action is taken, a Final Order will be issued and the employer will be liable for all penalties assessed.

Fines for knowingly hiring or continuing to employ unauthorized workers can reach as much as $16,000 per violation, while substantive and uncorrected technical violations can be as much as $1,100 per violation. What’s more, certain "enhancements" can be added to fines based on business size, history of violation, and seriousness of the violation.

It's not all about immigration...

It is important to note that, while civil and criminal fines for employing undocumented workers can be quite extensive, the possibility of a hefty ICE fine is not limited to those who hire unauthorized labor. The fines for technical I-9 violations can also add up quickly. Further, though the new revision of Form I-9, as released in March, 2013, includes an extensive instruction handbook to walk employers through the documentation process, there is significant room for error on this seemingly innocuous form, whether in storage methods, documents accepted or even proper correction of previous errors.

So, what can employers do to avoid I-9 violations and the subsequent fines?  Find out how ClubPay can help your Club prevent an I-9 violation.

Clare Vazquez, is a HR consultant with CertiPay and ClubPay in Boca Raton, Florida, providing industry leading Human Resources, Out-Sourced Payroll, Time & Attendance, and Benefits Administration. She works hands-on with her clients providing customized training programs, harassment investigations/complaints, HR Audits, and advising in government compliance.  For more information Clare can be contacted by email cvazquez@certipay.com.

Would you like to learn how ClubPay is helping Clubs stay compliant?

Request an Analysis  

Club HR Update: Are Employee Safety Violations Grounds for Termination?

  
  
  
  

Hello everyone, I am back from Italy and ready to keep you well informed about government compliance. As in any country Italy has a number of laws that are more than the United States. As of August 2013, the unemployment rate in Italy rose to 12.20% compared to the United States 7.3%. So what makes the United States so more promising to work?

Workplace safety is so important that under some circumstances safety violations may provide legitimate grounds for termination.  For example, your policy and the Drug-Free Workplace Act ban drug and alcohol use in the workplace and prohibit working under the influence of either substance. Although alcoholism is considered a disability under the Americans with Disabilities Act, the law permits you to hold alcoholic employees to the same performance and safety standards as other employees and fire them if they pose a risk to themselves or other employees because of working under the influence. Current illegal drug use is not considered a disability under federal law. You can, therefore, test for illegal drugs and fire a worker who does not pass the test. State laws, however, may be more protective of substance abusers, so you need to understand those provisions as well.  

Work Place Injuries

Reckless behavior that endangers the employee or co-workers may also provide legitimate grounds for termination. Although you might not terminate for a single incident, unless it was very serious, you probably would be justified in terminating for a history of such behavior.

I worked with a company that took them three write ups before termination following a progressive disciplinary policy. The termination resulted from the employee putting himself at harm’s way by failing to wear his Personal Protective Equipment (PPE). The required PPE was to wear gloves to remove soiled uniforms from fleet trucks. Without the gloves he exposed himself to needle puncture, blood borne pathogens, and hazard material. The employee was terminated for “safety violation”. At no surprise, he filed for state unemployment. In order to appeal the unemployment claim, the company had to produce documentation of all written warnings and an explanation of how he violated safety policy. The company explained if OSHA had cited the company a mandatory penalty of up to $7,000 for each violation is proposed.

Remember to document all incidents involving workplace substance abuse or reckless behavior. To have a strong defense, make sure the documentation states time of event, witnesses, company safety policy and OSHA regulations.

While you may be justified in terminating employees in the examples just described, you cannot fire employees for:

  • Complaining to management about safety issues or filing a complaint with OSHA or a state safety and health agency;
  • Cooperating with OSHA inspectors during an investigation; or
  • Refusing to perform a dangerous job that puts the employee’s safety at risk.

Clare Vazquez is a consultant with ClubPay, providing industry leading Human Resources, Payroll, Time & Attendance, and Benefits Administration. She works hands-on with her clients providing customized training programs, harassment investigations/complaints, HR Audits, and advising in government compliance. For more information contact Clare at 561-281-4022 or email cvazquz@certipay.com

Are you looking for ways to stay abreast of the evolving regulatory environment and ensure compliance with the latest rules; if so, ClubPay has enhanced Human Resource offerings to help.

To learn how we can help reduce liability exposures for your Club, request a complimentary analysis with a ClubPay Payroll/HR Specialist –

Request an Analysis

Club Management: Background Checks- What you must know to protect Club Assets

  
  
  
  

Use of available background information in your Club’s hiring and employment decisions is critical to the Club’s success.  However and very importantly, there is an ever-evolving minefield of legal risk associated with background information such that its access and use is no easy task.  Now more than ever, all employers who seek or use background information face an increasing number of potential claims:

  • Background ScreeningThe Fair Credit Reporting Act requires not only notice to and consent from applicants/employees before doing a background check, but also requires notice to the applicant/employee who is rejected based on the results of such a check, both before and immediately after the rejection decision is made.

  • The EEOC and federal government, under a belief that criminal background and credit checks have a discriminatory impact on certain protected groups, are now actively and aggressively challenging the manner in which employer’s use background information in hiring and termination decisions.

We have composed a white paper from ClubPay's HR Education Seminar presented by HR and Legal experts to convey awareness of what a Club can and cannot do with respect to background information, and provide practical guidance for avoiding legal claims associated with background checks.

Complimentary White Paper: "Background Checks- What you must know to protect Employees, Members & Club Assets"

Please post your specific questions below regarding Background Screening and compliance; we welcome your inquiries and are happy to assist.

Would you like to learn how ClubPay streamlines Payroll & HR for Clubs?

Request an Analysis

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