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32: Making A Job Offer
Follow this guide to make a job offer they can’t refuse. We’ve learned about the first 3 steps in the hiring process in earlier episodes. In episode 2 – Creating a job description, we learned how to define the position. In episode 12 – Where to find employees, we learned where to fish, and; in Episode 13 – Applicant tracking… The post 32: Making A Job Offer appeared first on SmallBiz Brainiac.
96: Lessons From The Trenches – Employee Terminations
One of these terminations involved sex, drugs and rock & roll. In this episode we share examples of terminations we’ve conducted and the lessons we learned from them. For an unknown reason my audio goes alien on me at about 8 minutes into the show. I didn’t realize it until the editing process, and I…
118: Get Ready For Mandatory E-Verify
If enacted, the bill would require all U.S. employers to participate in E-Verify within one year of enactment of this Act. Did you know that prior to 1986, employers were not required to verify an individuals employment eligibility status? The Immigration Reform and Control Act (IRCA) of 1986 required employers to examine documentation from each newly hired…
115: Are you a Talent Hoarder?
As a talent hoarder, not only are you hurting your employee’s opportunity for growth, you may be harming the businesses’ future potential. Are you a hoarder? I’m not talking about one of those people who collects so much “stuff” that you can barely get in the front door.  I’m talking about hoarding people? If so,…
88: Year End Reporting of Fringe Benefits and Other Earnings
Just when I think government laws, regulations and rules can get any dumber, I come across yet another ridiculous one. The year isn’t over yet, but it will be before you know it. So on this episode I want to help you prepare for year end from the standpoint of reporting and paying payroll taxes…
86: Thanksgiving Gift, DOL Salary Level Increase Blocked
Judge Mazzant stops DOL action by granting temporary injunction! Happy Thanksgiving everyone! I’m in Franklin, Tennessee visiting family. My wife and I, along with our two kids, drove 1,600 miles from our home in Gilbert, Arizona last week, to be here. Yes, that’s a lot of miles, but we split it up into three days. It was a long trip but we…
84: Federal Child Labor Laws
“Never let school get in the way of your education.” The child labor laws are made possible by the Fair Labor Standards Act. The purpose of the child labor laws are to keep children safe and prevent work from jeopardizing their education. I think that’s ironic because for many, myself included, work is a better educator than school.…
82: Political Revolution Or Train Wreck?
“You can measure opportunity with the same yardstick that measures the risk involved. They go together.” Earl Nightingale In the aftermath of the earth shattering presidential election on Tuesday where the business-as-usual politics was clubbed over the head. There’s no shortage of opinions. You already know that I hate big government. I’m disgusted by the mount…
122: Employee Severance Agreements
You have to provide “consideration” in exchange for your employee’s waiver of their rights to sue. I was talking to a friend this weekend and she told me about a recent employee termination experience. Her employee didn’t show up for work one day so so she called her. The employee said she didn’t want to work…
123: Three Personality Types Every Business Needs to Succeed
Possessing only one or two of these personality types will leave you with an incomplete business. Today’s episode is inspired by the book The E-Myth Revisited by Michael Gerber. If you have not read this book yet I highly recommend it. Regardless of where you are at in your career, whether you are a budding entrepreneur or…
143: Be Serious About HR
If you don’t take HR seriously, no one else in your company will either. I know you are serious about your business. You’re serious about the work that you do to service your clients. Are you carrying this seriousness over to your own employees? You want, and frankly need, your employees to be your biggest asset and not become your biggest liability. Today I want to focus on a  high profile company that has not taken HR matters seriously and it has finally caught up with them and has shaken the make up of that company. If you have paid any attention to HR news lately then I’m sure you have heard about the issues going on at Uber. Uber of course is the ever popular ride sharing company that has helped revolutionize the transportation industry with it’s easy to use mobile app that allows riders to schedule a ride and pay for it without having to exchange physical cash. The app is tied to the riders credit card in order to ensure payment. Ubers HR Issues: Uber has suffered massive negative effects to their public image recently due to poor HR tactics and company culture. Their issues have been well documented and are somewhat perplexing due to the length of time in which the culture that created their problems have persisted. Details of Ubers culture, which some have dubbed a “frat-boy” culture, began to come to light for the masses in 2017 when a former employee named Susan Fowler published a blog post titled “Reflecting On One Very, Very Strange Year At Uber.” In the blog post Susan Fowler describes an alleged event of harassment and how Uber responded to her report. The post reads “After the first couple of weeks of training, I chose to join the team that worked on my area of expertise, and this is where things started getting weird. On my first official day rotating on the team, my new manager sent me a string of messages over company chat. He was in an open relationship, he said, and his girlfriend was having an easy time finding new partners but he wasn’t. He was trying to stay out of trouble at work, he said, but he couldn’t help getting in trouble, because he was looking for women to have sex with. It was clear that he was trying to get me to have sex with him, and it was so clearly out of line that I immediately took screenshots of these chat messages and reported him to HR.” Susan then goes on to describe her interactions with Uber HR saying “Uber was a pretty good sized company at that time, and I had pretty standard expectations of how they would handle situation like this. I expected that I would report him to HR, they would handle the situation appropriately, and then life would go on. Unfortunately, things played out quite a bit differently. When I reported the situation, I was told by both HR and upper management that even though this was clearly sexual harassment and he was propositioning me, it was this mans first offense, and that they wouldn’t feel comfortable giving him anything other than a warning and a stern talking to. Upper management told me that he “was a high performer” (i.e. had stellar performance reviews from his superiors) and they wouldn’t feel comfortable punishing him for what was probably just an innocent mistake on his part. I was then told that I had to make a choice: I could either go and find another team and never have to interact with this man again, or I could stay on the team but I would have to understand that he would most likely give me a poor performance review when review time came around, and there was nothing they could do about that.” If everything in Susan Fowlers account is accurate, then Ubers HR team did not appear to take this
141: Form I-9 Revisions
Even though Form I-9 revisions seem insignificant, failure to comply can result in fines. Today we’re going to focus on some changes that have recently been made to the Employment Eligibility Verification Form I-9 by the U.S Citizenship and Immigration Services. Overview of Form I-9: The Form I-9 has been in use since 1986 for the purpose of verifying the identity and work authorization of individuals hired for employment in the United States. This was all made possible by the passing of the Immigration Reform & Control Act. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and non-citizens. Both employees and employers must complete the form. An employee must attest to his or her employment authorization. The employee must also present their employer with acceptable documentation confirming their identity and authorization to be employed in the United States. The employer then must review the employment eligibility and identity documents presented to them by the employee to determine whether the documents appear to be authentic. The employer should then record the document information on the Form I-9. The list of acceptable documents is located on the last page of the form. The employee can present a single item from List A, or present one item from each of List B and List C. Employers must retain Form I-9 and make it available for inspection or audit by authorized government officials. Revisions to the Form I-9 is nothing new. The form has been modified numerous times over the years. These most recent revisions were just published this week so this information is hot off the press! Employers may continue to use the prior version of Form I-9 showing a version date of 11/14/16 N until September 17, 2017. After this date however, employers must start using the most recent version just released showing a date of 7/17/17 N. There’s no need to wait until the last minute in September though. The new form is available now and you can get it by going to USCIS.gov and downloading the Form I-9. Changes to Form I-9: So what has changed? First, off let me just mention that here at SmallBiz Brainiac, we just love the topic of employment eligibility and the I-9. We love it so much that we have recorded numerous episodes previously regarding the Form I-9 process. Please don’t hesitate to go back and listen to episodes 31, 76, 120, 129 for more information about the I-9 process. Now, focusing on the newest revisions to the Form I-9, what has changed? The changes to this version of the I-9 for the most part are just minor changes: The new form will modify the forms instructions to remove the phrase “the end of” when describing the day on which Form I-9 completion is required. It now reads: “Employees must complete and sign Section 1 of Form I-9 no later than the first day of employment” instead of reading “no later than the end of the first day of employment.” So there you can see that “the end of” has been removed. A revision to the name of The Office of Special Counsel for Immigration-Related Unfair Employment Practices. That name has been changed in the I-9 instructions to reflect the new name, Immigrant and Employee Rights Section. This change is...
132: OSHA Claim Reporting Retaliation & Post Accident Drug Testing Rules – Part 1
OSHA calls this new power an “important new tool” to ensure employers maintain accurate records. Effective January 1, 2017, OSHA’s new Recordkeeping rule took effect. There are two main parts to the new rule. I told you about the Recording and Reporting part in episode 89 on December 6, 2016, but I didn’t cover the…
135: Social Media Screening for Employment
The number of employers using social media to screen candidates is at an all-time high. Today I wanted to go over a type of pre-employment screening that is becoming increasingly more popular as time goes on. Pre-employment screenings, or background checks are nothing new. In fact, we have discussed background checks before on this show.…
136: Apprenticeship vs Internship
“Furthermore, many colleges and universities fail to help students graduate with the skills necessary to secure high paying jobs in today’s workforce.”  Are you confused about the differences between an apprenticeship and an internship? An apprenticeship is an on-the-job training program which includes job related instruction, typically provided in a classroom setting. Apprenticeships can last…
114: Occupational Heat Exposure
In 2014 alone, 2,630 workers suffered from heat illness and 18 died. It’s almost summer and temperatures are on the rise. So, this is the perfect time to start planning to protect your employees from heat related illness and injury. This subject that is often overlooked, and it’s not just a summertime issue. Employees are…
149: Managers or HR, Who Should Handle Hiring and Firing?
Empower your Managers to make their own hiring and firing decisions.  Who in your organization should be responsible for recruiting, interviewing and hiring candidates? Who should be responsible for carrying out the unenviable task of letting employees go, regardless of whether it is for performance, behavior, or just downsizing? I’m a firm believer in tasking your managers with the responsibilities of hiring and firing their own staff. That being said, it’s important your managers are well trained in this area so you’re not putting the company at risk. When I say have your managers hiring and firing their own staff, that does not mean they shouldn’t keep the HR department informed, or consult with them before making decisions. HR should still be part of any staffing process. Hiring Responsibilities: Hiring an employee can be a time consuming process. Your managers may not have a lot of extra time to devote to going through all that’s involved. If this is the case, you may want to lean on your HR department for some assistance. If you don’t have an in-house HR team, your managers can do this on their own, it may just take time away from their everyday responsibilities. You could also outsource specific HR tasks to a third party. If you do have an HR department, have your HR team handle the recruitment process for your managers. Nobody knows what a departments needs are better than the manager in charge of that department. At least it should be that way. Have the manager sit down with HR to complete the job description, listing all of the necessary requirements that they are looking for. HR can then take this information, create the job listing and then start the recruitment process. HR should post the available position on any of their preferred job sites, or even post the job internally to give an opportunity for advancement from within the company. They may even want to engage a third party recruiter to start filling the interview pipeline. When a candidate responds to the listing, HR can do a “pre-interview” screening, usually over the phone to filter out any candidates that may not actually meet all of the requirements. Job seekers tend to respond to any opening whether they meet the posted requirements or not, so this phone screening is a good way to filter out the pretenders from the contenders so as to not waste anybody’s time with in person interviews of unqualified candidates. Candidates who pass the phone screening can then be scheduled for an in person interview with the manager. If your manager is well seasoned in the interview process then they could perform the interview on their own. If not, it may be a good idea to have an HR representative attend the interview with the manager to help steer the interview and provide additional support to the manager. After concluding the series of interviews, the manager and HR should discuss each of the candidates and make a decision. You want your managers to be hiring the candidates with the most attractive skill set to perform the job, not the most attractive physical appearance. Hiring decisions should be based on the candidates ability to perform the work. You want to empower them to do what’s best for their department to succeed. Allowing them to make their own staffing decisions shows you have confidence in their abilities. But don’t turn a blind eye. If a department is under performing, then maybe your manager isn’t making the right staffing decisions. Or perhaps you don’t have the right manager. Termination Responsibilities: Along the same lines, when it comes time to terminate an employee the manager needs to be able to make these decisions and be involved in this process, but not...
150: Thank You and Goodbye
It’s time to turn my attention toward executing the business plan I’ve been working on for the past 12 months. Hey everybody, welcome to the FINAL episode of SmallBiz Brainiac! Yes… I’m ending this podcast. That’s hard for me to say, actually. This has been a labor of love for me and I’ve learned so much from doing this. It was a bit scary starting off. If you go back to the first 100 episodes… I pretty much sucked. I think the content is solid but as a podcaster, I stink… still do. So, I’ve been thinking about ending the show for several weeks now, and I’ve finally decided that it’s time to turn my attention toward executing the business plan I’ve been working on for the past 12 months. When I started this show 17 months ago, I didn’t have a clear picture of how I would incorporate it into my business. In fact, I started it before I had my current business. At the time, I was in a role transition. I almost said career transition, and that’s kind of true except I’m still in the same industry, just a different role. In 2015 I decided to resign from my position as the Chief Operating Officer of a large and growing Professional Employer Organization called Vensure Employer Services. But after almost 23 years of being in the operations side of the business, I needed a change. There are a lot of reasons why I made the difficult decision, but I didn’t realize how much the job was a part of my identity until I was no longer the COO. Walking away from it was a mixture of emotions. After all, I co-founded the company with my Uncle back in 2004 and I was the CEO until July of 2012, when the new majority shareholder came in and took over that role, and I stepped into the COO role. Since then, the company has gone through a lot of changes, it has grown significantly, and is now a major league player in the PEO industry. I’m really proud to have been a part of the company’s success, and to have helped create something that is doing so well today. Even though I resigned from Vensure, I’m still working with Vensure. I now own an insurance agency. But this isn’t your traditional insurance agency, it’s more like a business advisory firm. I’m on a mission to use my two and a half decades of business operations, accounting, insurance, HR, payroll, and risk management expertise; and my newly acquired marketing skills, which includes my ClickFunnels Certified Partner status, to make small business owners’ insurance premiums go further, to get more services… and better service, without spending any more than they already do. And Vensure is a big part of how I do that. But let me get back to the point… which is when I started this podcast, my next step wasn’t clear. The origins of it actually go back to 2014. Fortunatly, I now have a clear vision of my path, and this podcast, SmallBiz Brainiac, isn’t the right fit. And so, it will be replaced with a new show later this year. One that will be perfectly aligned with where I’m going. If you want to get an email announcing the launch of the new show, go to smallbizbrainiac.com and sign up for the brainwave newsletter, and you’ll be the first to hear about it. So, thank you, thank you, thank you, for listening. I hope you’ve learned a few things from this podcast. The one lesson I’d like you to take away is that you should hire a PEO to help you not just survive as an employer, but to thrive as one. You shouldn’t go at it alone. It’s too dangerous out there. Everyone wants a piece of you…the regulators, politicians, competitors, lawyers and leeches. A PEO is like your suit of armor. It will help protect you as you head into battle.
144: How HR Should Prepare For A Recession – Part 4
Nine million people lost their jobs in the Great Recession, and over 150,000 businesses shutdown.  Create a plan for dealing with it before it happens again. I’ve spent 3 episodes teaching you what a recession is and what economic indicators you should be watching to signal danger. I’ve tried convincing you that we’re on the verge of another one, and that it’ll be worse than the previous “Great Recession”. You should certainly care about recessions because they have a very real impact on your business. You might have forgotten the pain caused by the last one. You might not have been in business back then, or maybe you weren’t even in the labor market. You might have been in school and oblivious to the effects. You might not like this subject or even believe we’re on the verge of another, more serious one. Regardless, recessions are a reality, and another one will happen. In fact, if we are still in the post Great Recession expansion, then its the third longest expansion in our history. Only two other times have we gone this long between recessions. About 9 million people lost their jobs in the Great Recession, and over 150,000 businesses shutdown. So, you should have a plan for dealing with it before it happens. That way, when it does, and it will, you’ll know what to do. Whatever you do, don’t stick your head in the sand and wait for reality to punch you in the face. New Recession Data: Just since the last episode, an article in Schiffgold dated July 26th says: “We have reported extensively on the stock market bubble, the student loan bubble, and the auto bubble. We even told you about a shoe bubble. But there is one bubble that is bigger and potentially more threatening than any of these. The massive debt bubble.” And the CEO of US Global Investors, Frank Holmes, writes in a July 25th article in Business Insider, that some people are calling it the “mother of all bubbles”. He goes on to say that the Institute of International Finance (IIF), puts global debt at an astronomical $217 trillion as of the first quarter of 2017. That’s 327% of what the entire world produces in a year. Global debt was “only” around $150 trillion back in 2008, and now, it’s at $217 trillion. So, in 10 years, the world has added about $120 trillion. That’s mind numbing! Schiffgold reports that we Americans have racked up more than $1 trillion in credit card debt, and as of the end of 2016, the average credit card debt per American household was $8,377. Consider this. If you add up the national debt, national unfunded liabilities and personal debt, that would be $446,540 per citizen! And if you took all the personal and business assets and sold them, each citizen would still be left owing over $38,000. So… all this debt, has consequences. HR’s Recession Plan: Here’s how you should prepare for the next recession from an HR standpoint. First, update your organizational chart, and keep it current. You should be reviewing and updating it monthly. You’ve gotta have a clear picture of the positions within your company, the hierarchy, and who’s working each one. Then, update or create a detailed job description for each position. I go over how to create a job description in <a...
138: How HR Should Prepare For A Recession – Part 1
A recession is defined as a significant decline in economic activity spread across the economy, lasting more than a few months. Were you in the workforce back in 2008? Chances are you were. Do you remember the impact the “Great Recession” had on your business? I sure do. We lost over 30% of our clients within a few…
137: Recreational Marijuana Legalization
How do I maintain a safe work environment now that recreational marijuana is legal in my state? Legalization of marijuana for recreational purposes is trending upward with more and more states opting to legalize the drug even though marijuana is still considered illegal at the federal level. Regardless of how you view the use of…
110: How To Interview Like A Pro – Part 3
If I was the candidate and had a few interviews lined up, and one of them sent me a pre interview guide, I would look at that employer a lot more favorably. In part 1, on episode 107, we learned how to prepare for the interview and in part 2 on episode 108 we learned how…
131: Certified Payroll – The Davis Bacon Act
Davis Bacon Act – Just another stupid federal law with major unintended consequences like pricing out smaller contractors and taxpayers overpaying for services.  Today I wanted to discuss certified payroll and how it differs from your normal everyday payroll practices. First of all, what is meant by certified payroll? Generally speaking, certified payroll occurs whenever…
99: ID Theft For Employment
What happens if one of your employees is using someone else’s SSN to work for you? Attorney Ben Mason of the law firm Morley Mason is here to help us sort through this issue. Ben obtained his law degree from the University of Idaho. According to his wife, he became a lawyer because he likes arguing with…
87: National Labor Relations Act & Your Employee Handbook
The National Labor Relations Board is taking issue with handbook policies that get in the way of employee rights.   In episode 85 on employee handbooks I told you that your policies need to take NLRB regulations into consideration even if you don’t have union employees. It doesn’t matter that you don’t have union employees. The law…
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Podcast Details
Started
Mar 24th, 2016
Latest Episode
Aug 22nd, 2017
Release Period
Daily
No. of Episodes
135
Avg. Episode Length
10 minutes

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