SIX COMPLIANCE TRENDS TO FOLLOW RIGHT NOW

Keep yourself informed and your business in compliance.

Team Software

The landscape for labor, tax and payroll compliance is always shifting. At TEAM, we keep our eye on these topics because we know how challenging it can be to stay informed. We understand how important (and challenging) it is for janitorial and security contractors to stay in compliance. And, we know how costly noncompliance can be. That’s why we’re bringing you an updated list of compliance trends for you to follow.

Workplace Regulations for Nursing Mothers

What’s going on?

In 2018, both California and New York City provided additional legislation at the state and city level to support the needs of nursing mothers. The intent of the state and local mandate is to augment the Fair Labor Standards Act (FLSA) legislation that was enacted in 2010.

This legislation focuses on offering the amount of time and breaks needed by nursing mothers as well as the physical space that must be available to pump breast milk. The trend is that a lactation space must be a private room and not a bathroom. Legislation also covers the duration of the right to pump, which can be up to three years following the birth of her child.

What does this mean for you?

Many companies are using staff scheduling to support the lactation mandate along with meal and rest breaks. Most jobs in service-related industries, especially in security companies, can’t be un-staffed, so businesses have started scheduling lunches and breaks to ensure they can cover the breaks and work area. Scheduling and time and attendance software can help manage the staffing challenges that come along with these labor mandates, from ensuring coverage through smart scheduling practices to providing meal and rest break notifications and audit trails.

 

Legal Medical Marijuana Use

What’s going on?

While all recreational and medical marijuana use is still illegal under federal law, many states are facing a new discussion around how to handle medical marijuana use in relation to employment law. Medical marijuana is not covered under the Americans with Disabilities Act (ADA) or Family Medical Leave Act (FMLA) – yet. However, many state employment laws are changing to accommodate the legal use of medical marijuana. The most recent state changes are coming from California, Nevada, New Mexico and Oklahoma. The key component to most of these laws is whether reasonable accommodations can be provided without jeopardizing the ability of the employer to maintain a safe and productive workplace.

 

What does this mean for you?

From an employer’s perspective, the most significant change to the law may be the addition of explicit permissions to take medical marijuana use into consideration when the applicant or employee holds, or will hold, a position with safety-sensitive job duties. We recommend reviewing your company’s drug testing policy on an ongoing basis to be prepared for future legislation in your state, especially if you operate in one of the 46 states where some form of medical marijuana has already been legalized.

This article highlights two of the U.S. labor, tax and payroll compliance updates we’re watching right now. For the other four, download our free Compliance eBook.

TEAM Software is dedicated to ensuring our software solutions meet the ever-changing compliance needs of our customers. While we’re committed to keeping you informed, it’s important to do your own research, and consult your own legal and tax advisors when necessary, too. Continue to use industry resources such as the Society for Human Resource Management (SHRM) and the American Payroll Association (APA) to stay informed on all compliance updates.

Continue reading the 2019 Q4 edition of The Californian

LESS RISK, COMPLIANCE, A GOOD NIGHT’S SLEEP: HOW TO GET ALL THREE

Mark Folmer and Jon Druker, TrackTik

Just back from a fantastic few days at CALSAGA in the desert of California and if there was one takeaway for us it is that compliance is on everyone’s mind.

A good night’s sleep is a precious commodity these days. It is even more precious in the security industry, where everyone needs to be alert – from the frontline security providers to the back office teams to the management groups. As a security business owner you are often focused on your client’s risk, but what about the risks that your business faces? Being risk-aware in your own business is a constantly moving target, especially when it comes to compliance.

The Financial Cost of Not Being Risk Aware

There have been many news stories about companies being sued and having to pay settlements in the millions of dollars for not having complied with break legislation for their employees. The pain can be financial but also reputational.

California isn’t the only state that has break rules for specific categories of employees. In the USA alone there are 21 states that have passed wage orders, statutes and regulations regarding meal and rest breaks. But in California, it hits home, as a General Counsel for a national service provider mentioned to me while at CALSAGA’s conference: “It’s not if you will get hit by a class-action lawsuit, it’s when, so be ready!”

The Personnel Cost of Not Being Risk Aware

Beyond the risks associated with non-compliance, and the potential financial costs, there’s an indirect, yet tangible, personnel and performance cost as well. These rules are in place to support security personnel and to also help them perform better. For example, by specifying break types and their duration, this allows security personnel to be more alert, have a more structured workday, be more focused and ultimately deliver better service.

Speaking of performance, there are other workforce risks to be aware of. According to the U.S. Department of Labor, workers are staying at their jobs for shorter periods of time. Tight labor markets, as well as the ability to join the “gig” economy, means you could lose the people who do good work for you. This leads to issues like employee retention and talent management, both of which are critical for security companies. Hiring and keeping good talent is a costly and time-consuming task in any market.

Risk Awareness & Compliance: 3 Parts to Success

It’s almost impossible to know how any new legislation might impact your security services business, and whether that will impact you financially. To deal with this, here’s a three-part recommendation: People. Process. Technology.

1. People

Make sure the people in your company– at all levels – are aware of what changes impact them, regardless of their position. Companies have internal messaging, mobile devices, emails, newsletters — leverage all of them. When you make it transparent, it makes it harder for people to say “I didn’t know.”

2. Process

Think of risk awareness like taking stock. Once you know what you have, what you don’t have, and what you need, you will gain transparency and clarity to make better judgments, and in turn, take preemptive actions. In security parlance, we all typically refer to this as “mitigating measures”. Ask yourself, what can you put in place to mitigate your risk?  Every company in this space should have a plan and process to regularly review existing legislation. Being proactive about legislation will save you time and effort down the road.

3. Technology

As a direct link to the process, your workforce management technology has to be flexible enough to handle these kinds of changes, and document them as well. Having a solution that readily extracts information will save time and money. The software to manage your workforce is a tool that enables the process to be documented, and the people to stay aware of the risk.

Ultimately, these 3 components give you traceability and accountability in your workforce systems and can mean the difference between passing an audit, saving time when gathering records, or having to pay a fine.

Being aware of business risks, managing them and ensuring compliance means you’re lowering your own risk. The upside of all this – it gives key stakeholders in your company, at all levels, more peace of mind so you can focus on your business and hopefully even get a good night’s sleep!

To read more on this topic, go to our blog.

Named to IFSEC’s Global Influencers list 2018 for Security Thought Leadership, Mark is a business school graduate, CPP and Member of The Security Institute (MSyI). Mark’s background is in security services, corporate security, consulting and workforce software. A graduate of Concordia University in HR Management and International Business, he progressed to several senior management roles responsible for security business units across Canada, including serving as the Senior Manager for Corporate Security at Canada’s largest telecommunications company. He launched a consulting business focused on physical security for corporate clients, and has been teaching part-time at the Université de Montréal since 2016. Currently, Mark is the Vice-President, Security and Industry, in the software scaleup TrackTik, and volunteers as SRVP Region 6, Chair of the Security Services Council, the Private Security Officer Standard Technical Committee, and the Private Security Company (PSC.1) working group

 

 

 

 

 

Jon Druker has been in software product development for 20 years. He started in translation and moved into various roles in communications and product development. He’s worked for small, medium and large corporations developing and helping to market solutions to meet complex problems in different industries, such as telecommunications, mobile and retail. Recently he’s been involved in marketing efforts to explain and position software solutions in AI and now he’s working at TrackTik in the Go To Market team.  

Continue reading the 2019 Q4 edition of The Californian