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Navigating Employee Leave Laws: 101

Aug 10, 2018 9:13:20 AM

Employers face so many challenges in understanding various leave laws. There are few day-to-day occurrences in the workplace that raise more legal, logistical, and financial questions than an employee’s request for leave. When such a request is made, the employer is faced with the loss of an employee and the accompanying effects on productivity, workflow, and morale. Compounding matters, the employer must navigate through a confusing—sometimes conflicting— maze of federal and state leave obligations in order to determine how to handle the leave request.

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The Most Common, Most Expensive HR Mistakes

Jul 19, 2018 11:25:46 AM

One of the most pressing concerns we hear from club management is Human Resource issues- known, and unknown. Often, clubs either cannot afford internal HR resources, or unable to devote the administrative time needed to address their exposed risks. Hear from our Director of HR Partnerships at CertiPay, Rachel Comella as she shares the 'Most Common, Most Expensive HR Mistakes' in this 10 Minute video trainer. See how you can avoid these same pitfalls, and defend your club against an FLSA investigation.

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Electronic Onboarding with E-Verify

May 23, 2018 11:02:53 AM

With renewed interest under President Donald Trump’s administration, we can look forward to a “four or five times” increase of worksite investigation audits in 2018, by the US Immigrations and Customs Enforcement (ICE), tripling its number of officers and number of enforcement actions, announced Acting Director of (ICE) Thomas Homan in October 2017.  ICE is charged with enforcing immigration law and is scrutinizing employers on Form I-9 employment eligibility verification. Fines for I-9 violations can range up to $2,000 per instance, and some employers could face criminal prosecution for non-compliance.

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Opioid Epidemic – How will Your Club Respond

Oct 17, 2017 3:00:52 PM

70% of employers report prescription drug abuse within their organizations. The U.S. opioid addiction crisis is hitting the workplace hard, and employers need to be prepared to respond.

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OSHA Update: New Electronic Reporting in 2017

Jul 20, 2017 9:59:21 AM

OSHA published a notice of proposed rule making to extend the electronic submission date from July 1, 2017 to December 1, 2017. This action allows time for the new administration to review the electronic reporting requirements prior to implementation, and allows time for affected entities to familiarize themselves with the electronic reporting system, which will be available on August 1st.

What does this mean?

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“Should Haves” in your Club Employee Handbook, II

Mar 17, 2015 3:45:00 PM

Part 2: 8 Ways to Foster Best Staff and Showcase your Club’s Work Culture

In part one of this two part article post we covered a few club-specific policy considerations for your Employee Handbook to help protect your club’s reputation and liability. Today, in part two we will share 8 ways your Club Employee Handbook can help motivate your team, retain your best staff, ensure compliance, and how these aspects work to promote your club’s culture and reputation for excellence.

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3 Steps to Help Your Club Avoid ACA Employer Mandate Penalties

Jan 2, 2015 12:13:00 PM

After controversy, debate, and delays, the Employer Mandate has arrived. This provision of the Affordable Care Act (also known as the “Play or Pay” provision) requires all employers with 50 or more full-time equivalent employees to offer a certain level of health insurance coverage at an affordable rate to all full-time employees or face a possible penalty.

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Why it is Vital to Audit Your Club’s Pay Policies

Jun 4, 2014 12:43:00 PM

One of the most pressing concerns stated by Club Management is Human Resource issues. Often times Clubs either cannot afford internal HR resources or are unable to devote the administrative time needed to understand their exposure risks and implement the required changes to Club Policies in order to be fully compliant with the latest mandates.   Now, due to DOL’s increase of enforcement to conduct targeted Wage and Hour investigations within the hospitality industry; EEOC may simply call or show up at your Club’s doorstep, without charge, and request your policy and pay practice information.

What has changed?

What’s driving the HR Outsourcing trend for the Club Industry …  As the government regulation/mandates rise combined with their public education efforts on employee rights, so have the number of class action lawsuits risen against the hotel and hospitality industry.  Currently, due to the indication of widespread violations within the industry, the DOL has authorized an increase of enforcement to conduct targeted Wage and Hour investigations.  Pressure from political influences, increased tax revenues, unemployment, increased regulation and litigation, has created an ”HR Perfect Storm” for private clubs. 

Club Management's approach to HR administration can no longer be “if” we’re investigated and instead, needs to be "when" an investigation occurs, how to respond? 

Why all the hype about HR Strategy now, when it hasn’t been an issue… The EEOC’s new guidance is technically not a fundamental departure from a decade ago; the key difference is under the current administration’s emphasis on employment related federal law and regulation. EEOC is now able to take a stronger stand on enforcement and has identified a number of new “emerging issues” to include enforcement of.  As the EEOC closes in on the half-way point of its 2012-2016 Strategic Enforcement Plan (SEP), it shows the agency has met some of the performance measures, but fell short on others, signaling that the agency may double-down in its 2014 enforcement efforts to make up for the goals its missed.

The EEOC means business; by the end of the FY 2013, the EEOC had launched 300 systemic investigations resulting in 63 settlements or conciliation agreements that recovered approximately $40 million.  They continue to make strides to achieve the agency’s stated litigation docket goal to ensure that systemic cases make up 22% to 24% by 2016. Systemic suits comprised 16% of all merits filings in 2013, and by the end of the year represented 23.4% of all active merit suits; the largest proportion since FY 2006. The EEOC also obtained the highest level of monetary relief ever obtained by the Commission through the administrative process, securing $372.1 million in monetary benefits based on the resolution of administrative charges.

How EEOC is meeting their Strategic Enforcement Plan Goals…With a multifaceted effort to aggressively target employer policies for potential “Disparate Impact” and a broad range of “emerging issues”.  One example of EEOC’s new enforcement program is pursuit of its authority to enforce the Equal Pay Act that specifically empowers the EEOC to conduct “Directed Investigations”.   This means, EEOC can conduct an audit of employer pay practices without having to wait for a charge to be filed to investigate alleged Title VII violations; EEOC may simply call or show up at your Club’s doorstep and request your policies and pay practice information.  These audits open the door for them to seek other potential “systemic” or “disparate impact” problems to investigate further.  

Because of EEOC’s renewed focus on facially neutral employer policies that may have a “disparate impact” on protected classes of employees; it is prudent for Club Management to be thoroughly reviewing and auditing your Club’s policies and pay practices with an HR or Employment Law Professional.

How can HRO help?

The vast majority of Clubs opt for an “outsourced” strategy to relieve administrative burden, gain expertise and prevent liability. Clubs need protection more than a large company, yet many times either cannot afford the internal HR resources or aren’t really aware of their true exposure as an employer.  Given the trend towards Club Controller’s taking on increasing HR related responsibilities, and due to the current, sometimes confusing Federal and State employment regulations being imposed, an HRO approach has accelerated as a popular choice for Clubs “doing more for less”.  Even the most efficient employers are unable to devote the time required to make meaningful changes to Club policies and procedures.  Partnering with an HR Outsourcer helps an employer achieve relief.  Other reasons to outsource include:

  1. Access to outside expertise.
  2. Remain up-to-date with rapidly changing employment environment.
  3. Eliminate high volume of low-value transactional activities.
  4. Reduce management distractions away from core business.
  5. Leverage existing staff to focus on key competencies.

Partnering with an HR Outsourcing Service can help mitigate HR issues but also, can offer greater budget flexibility and control.  Club’s now have the flexibility to pay for HR service in areas they need and professional HR expertise when they need it.

Our HRO Service… We assist each ClubPay HRO client with an initial assessment of their current HR practices and procedures to ensure we work as a partner for future growth.  To address the diverse needs of each Club HRO client we start the assessment with a custom employee handbook and build from there to determine what, if any future advanced HR support will be required.  Our HRO platform ensures that every client receives not only compliance protection, but also provides an opportunity to take advantage of our advanced Club HR Consulting services.

The time to consider an HR Strategy at your Club has passed; now is the time to implement an HR Strategy!

Are there aspects of your Club’s existing HR practices that are unsatisfactory or could benefit from improvement?  

Contact us for an HR Analysis today!

For a full list of ClubPay's HRO Services, View Brochure Here

 
 
 
 
 
 
 
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