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Free HR Education Webinar: Navigating Employee Leave Laws: 101

Aug 22, 2018 3:01:05 PM

Free HR Education Webinar brought to you by:

 
Payroll and HR Solutions for Clubs

HR Education Webinar: Navigating Employee Leave Laws: 101

Live Webinar: Tuesday, August 28th at 2:00pm – 3:00pm - Register Here

Presenter: Clare Vazquez-Peace, HR Business Partner – CertiPay

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Tips to Reduce Time and Attendance Problems

Mar 5, 2018 3:40:18 PM

And Hold Staff Accountable to Your Club’s Time and Attendance Policy

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New OSHA Electronic Reporting Required in 2017

Oct 20, 2016 2:01:37 PM

The Occupational Safety and Health Administration (OSHA) issued a new final rule revising its regulation on Recording and Reporting Occupational Injuries and Illnesses. The new rule will require certain employers to electronically submit injury and illness data. It also adds emphasis on prohibiting employers from discouraging employees from making an injury and illness report.

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Go Mobile! Empower your Staff to Clock In with Ease

Aug 3, 2016 10:04:42 AM

Beginning in December, salaried overtime exempt employees whose pay fall below the $47,476 (administrative) and $134,004 (executive) pay threshold, will be entitled to overtime pay due to the soon-to-be higher income threshold.  For these salaried workers who will be affected by the new overtime pay requirements, it’s important to begin tracking their actual hours worked now to ensure that the hours:

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Understanding Your Club’s Pay Obligations for Travel Time

Nov 11, 2014 12:20:00 PM

For many employers, sending employees out into the big, wide world to perform their job duties is an everyday occurrence. However, many Club employers are not aware of the situational details that may make time compensable or not compensable for non-exempt employees. Club Employers must consider both state and federal law surrounding travel time pay and then apply the most generous policy to the employee.

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Meet Our Club Industry HR Expert, Clare Vazquez

May 23, 2014 12:25:00 PM

Register today, for ClubPay’s Education Webinar discussion: Is your Club prepared for a Wage and Hour Audit?  Our HR Partner, Clare Vazquez will share with us why the number of wage and hour class action lawsuits are on the rise and offer relevant information that may help your Club avoid or be prepared for a DOL Wage and Hour Audit.

Clare Vazquez’s diverse HR background has enabled her to bring an innovative, practical and fresh perspective to HR issues. She has consulted with many Fortune 500 companies across a wide variety of industries including hospitality. Clare is an experienced leader performing a principal role in conducting harassment investigations, policies and procedures development, talent acquisition and selection, organizational leadership, and recruitment process.

We are proud to have Clare’s expertise on our Club HR team; with Clare’s Club Industry experience and knowledge of Labor and Employment Law she is a perfect fit to help our Club clients respond confidently to the unique challenges in today's employment market.  ClubPay is committed to identifying opportunities to support and deliver value to our customers and the Club Industry at large.  As an example of our “make a difference” philosophy we invite you to join us for our complimentary education webinar: Is your Club prepared for a Wage and Hour Audit?

During the Wage and Hour Seminar you’ll find answers to the big question, including:

  • When is an employee exempt from wage and hour laws?
  • Common problem areas that may be the focus of an audit, including exemptions, off-the-clock work, break and meal periods, and recordkeeping; and
  • Dos and don'ts for responding to a DOL wage and hour audit.
  • How to prevent an investigation.

Don’t miss this "priceless" opportunity to learn from our Club Industry HR Expert the Dos and Don'ts for responding to an investigation. Register Here, for this "Free" HR Education Webinar: June 12th at 2:30pm EST.

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 help assess your Club’s current HR practices and procedures with our advanced HR Consulting services.  Our goal is to address the diverse needs of each club client and serve as your partner for future growth.

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

 

Contact us for an HR Analysis today!

 

Rely on ClubPay’s Human Resource expertise for… (HRO) HR Outsourced Services Plus

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

 

Clare Vazquez, HR Business Partner – Clare has a Master's degree in Labor and Employment Law from New York Institute of Technology and a Bachelor's degree in Management of Human Resources from Palm Beach Atlantic University.   Clare is Six Sigma Certified (Green Belt).  Connect with Clare via LinkedIn

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Club Management Update: ACA Employer Mandate Delayed for 2015

Feb 18, 2014 9:57:00 AM

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

 

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

Feb 4, 2014 12:19:00 PM

With 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:

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

Jan 3, 2014 2:49:00 PM

Cheers 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

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

Dec 2, 2013 3:29:00 PM

Drug 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

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