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With No Hope Of Federal Relief Of Regulatory Burdens, The Second Set Of Compliance Challenges For Small To Mid-Sized Businesses

This Regulatory Burdens Series has been informed by Robert J. Grossman’s article on Regulatory Relief in HR Magazine (February 2013)

Part 3 – Immigration, Safety Regulations, Wage And Hour Laws

Federal Regulatory Burdens, federal compliance, red tape, osha, ice,

The Red Tape of Federal Regulatory Burdens

If properly addressing the regulatory requirements of healthcare reform, pro-union labor laws, and discrimination difficulties was not enough, there are several other major federal regulatory challenges facing America companies. From immigration and safety regulations to wage and hour laws and all the federal regulatory burdens, regulatory compliance is becoming a larger and larger hurdle to overcome. A serious part of the regulatory burdens, particularly in California, is the aggressive enforcement campaign of the U.S. Department of Homeland Security’s Immigration and Customs Enforcement (ICE).

Recently, ICE has been doing a comprehensive audit of small to mid-sized businesses to make sure employers have compiled and maintained the I-9 forms of their employees. As opposed to the drama-filled raids that tend to be newsworthy, particularly in small markets, the audits have proven to be a less disruptive and more effective enforcement methodology. In 2011, there were over 2,500 audits, an impressive fivefold increase over the course of the previous three years, and more than ten million dollars in fines.

If the old regulations were not already a challenge, new regulatory burdens from the U.S. Occupational Safety and Health Administrations (OSHA) Injury and Illness Prevention Program are expected in the spring of 2013. Employers will be required to identify and address workplace hazards on their own. If they fail to address such hazards in this new “find and fix” program, they will be penalized. Although experts have questioned the necessity of such a program, regulatory compliance will become necessary for the majority of small to mid-sized businesses in America.

What could be most problematic is that the agency plans to issue the newly revised “most dangerous” quartile list in 2013. Companies in the bottom 25% when it comes to workplace safety will be forced to keep OSHA logs. When you consider how large a number 25% is when it comes to every company in the country, such a regulation seems blatantly anti-business and too widespread to be fair or effective. Still. Total HR Management will help any client company execute such logs and remain in proper OSHA compliance.

If all of the above isn’t hard enough, under the Fair Labor Standards Act (FLSA), record-keeping requirements are being expanded and made more complex by the Wage and Hour Division of the U.S. Department of Labor. In addition, given the new healthcare reform thresholds of the number of employees in a company and IRS enforcement of payroll tax classification requirements, classification analysis has become a focus as well. The misclassification of employees as full or part-time will now be more penalized than ever and from multiple fronts as well.

As we asked in Part 2 of this Series, does such regulatory vigilance make sense when so many American small to mid-sized businesses are trying to regain their equilibrium after the recent nationwide recession? If we want America to be at the forefront of the world in terms of business opportunities and productivity, why are business owners under attack with so many federal regulatory burdens? Yes, Total HR Management understands that many of these businesses are not perfect, but do they need to be punished to such an extent? The damage being done is why Total HR Management offers such regulatory support and compliance help when companies choose to outsource their human resources functions to us.

With No Hope Of Federal Relief Of Regulatory Burdens, The First Set Of Compliance Challenges For Small To Mid-Sized Businesses

This Regulatory Series has been informed by Robert J. Grossman’s article on Regulatory Relief in HR Magazine (February 2013)

Part 2 – Healthcare Reform, Labor Laws, Discrimination Regulatory Burdens

Regulatory Burdens, human resources,management,compliance

Too Many Federal Regulatory Burdens

Although the Obamacare effect through healthcare reform on insurance regulations is a major issue for small to mid-sized businesses across the country, shifts in federal labor laws also present significant challenges. In this ongoing series on the huge federal regulatory burdens on American business owners and what to do to stay in compliance, Total HR Management hopes to inform and provide a possible solution as well. Rather than focusing on the macrocosm of the country, we can help you with the microcosm of your business. Since we can’t change the stormy seas or stop the crashing waves, we can help you batten down the hatches and secure the mast of your ship so your company can continue to thrive.

Healthcare reform provides so many new challenges for small to mid-sized business owners, and we have written about it extensively in the recent past in the following four blogs:

1) 5 Key Healthcare Reform Points To Keep In Mind For Employers With Over 50 Employees
2) Total HR Management Provides A Snapshot Of PPACA And The Challenges Of The New Healthcare Reform Laws
3) In Light of Healthcare Reform, Total HR Management Examines the Advantages of Outsourcing to a PEO (Professional Employer Organization)
4) Health Care Reform Update

As you can see, Total HR Management takes compliance with the healthcare reform regulations seriously when it comes to ensuring that our clients avoid being fined or getting into trouble. What is the biggest present challenge is that only 28% of companies that hire and employ low-income workers offer any form of health insurance whatsoever. Complying with upcoming healthcare reform challenges is going to be a major headache for thousands upon thousands of American companies.

Regulatory Burdens & Labor Laws

Although not quite as difficult as healthcare reform compliance, the National Labor Relations Board has thrown more than one wrench into the smooth operations of labor law regulatory burdens. The problem is the profound pro-union shift of the NLRB that has thrown off the traditional balance between union demands and employer options. The fact that employers now have to educate workers about their union rights by posting an explanation of their right to organize under the National Labor Relations Act (NLRA) just seems out of place. The NLRB now is also enforcing the provisions of Section 7 that does not allow an employer to fire a worker for discussing terms and conditions of employment. The vagueness of this law opens the door for lawsuits and a greater need for EPLI coverage.

Side by side with the NLRB, the U.S. Equal Employment Opportunity Commission is attacking “systemic’ discrimination in the workplace with a vigor that feels almost celebratory. By looking in depth for patterns and practices that affect the vast number of protected classes, the EEOC is quite literally creating problems where none existed in the past. In 2012, it secured $365.4 million in monetary damages from employers.

Do such regulatory burdens make sense when so many American small to mid-sized businesses are trying to regain their equilibrium after the recent nationwide recession? If we want America to be at the forefront of the world in terms of business opportunities and productivity, why are business owners have so many regulatory burdens? Yes, Total HR Management understands that many of these businesses are not perfect, but do they need to be punished to such an extent? The damage being done is why Total HR Management offers such regulatory support and compliance help when companies choose to outsource their human resources functions to us.

Phlunte’ Riddle Leader’s Luncheon at the University Club Of Pasadena, May 17th

University Club of Pasadena is proud to host our next Leader’s Luncheon, Friday, May 17th, 2013

Phlunte’ Riddle
Effective Consultants LLC

Organizational Development –  Community Engagement – Media Relations

Phlunte’ Riddle

Phlunte’ Riddle

Leadership needs as seen through the eyes of the newest generation since the Baby Boomer Generation.

“Millenial are entering the workforce with different ideals and a strong sense of self.Baby Boomers are staying in the workforce much longer. Some out of a desire to stay and some due to necessity. How are these two generations going to co-exist? Are you ready?”

The Members of the University Club of Pasadena cordially invite you to a special luncheon that has been designed exclusively for community leaders in Pasadena on Friday, May 17th, 2013 at 11:30

The luncheon is $25 per person including an amazing three course luncheon, a choice of soft drink or iced tea, coffee, valet parking, service and sales tax.

For reservations please contact:  Frontdesk@universityclubpasadena.com

UNIVERSITY CLUB OF PASADENA
175 N. OAKLAND AVENUE
PASADENA, CA 91101


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About Phlunte’ Riddle:

Phlunte’ Riddle is a well known dynamic pioneer in community engagement, organizational development and media relations. She recently retired from the Pasadena Police Department after 28+ years of service. During her tenure she held various positions: patrol officer, undercover drug officer, background investigator and detective investigating robberies, sex crimes, and homicides. She was the first African American female promoted to the rank of lieutenant. As a lieutenant she held assignments as service area commander, community relations, traffic section and special teams.

Prior to retirement she served as the Adjutant 10 the Chief of Police and Public Information Officer for the department. Phlunte’ has received numerous awards and recognition over her years of service. Some include the John Muir High Alumni Hall of Fame for Government Services; Leadership Pasadena Alumni Community award; NAACP “Shirley Fields~ Volunteer award; “Unsung Heroine” of Pasadena, the ”Top Ladies of Distinction” award and The Magazines’ “Person of the Year 2012”. She holds a Bachelor ‘s degree in public administration from the University of La Verne and a Master’s degree in organizational leadership from Woodbury University.

She is also a graduate of California Command College and the FBI National Academy in Quantico, Va. She is currently a doctoral student at Phillips Graduate Institute studying to obtain her Ph.D. in Psychology and serves as a professor at the University of Phoenix. Phlunte’ has been married to Edgar for 34-years, and they are blessed with three adult sons. When asked, how she has accomplished so much, she says “GOD is her foundation and strength”.


Leader’s Luncheon Menu

With No Hope Of Relief From Federal Regulatory Burdens, Employers Need To Bite The Bullet And Focus On Compliance

This Series on Federal Regulatory Burdens has been informed by Robert J. Grossman’s article on Regulatory Relief in HR Magazine (February 2013)

Part 1 – Presenting the Problem

The aggressive regulatory philosophy of the current administration is causing serious problems for business owners across the country as they try to recover from the recession. 52% of business owners and executives ranked regulatory burden among their top five concerns in a recent survey by the ADP Research Institute. According to the May 2012 report, one-third of the respondents had been fined or penalized an average of 6.4 times during the previous 12 months. Whatever the exact reason, all of the penalties were for not complying with government regulations. Total HR Management believes the only choice for business owners is to bite the bullet and focus on compliance.

Federal Regulatory Burdens

Are Federal Regulatory Burdens There To Pay Regulators?

As a full-service HR provider, Total HR Management helps our clients comply with whatever federal regulations plague their business operations. From health care concerns to labor law challenges, we provide quality support that addresses directly the concerns of our clients and future potential clients. The increased costs in terms of time and red tape navigation caused by Federal regulatory burdens have seriously hurt many small to mid-sized business owners. The advantage of outsourcing your human resources is to tap into the expertise that an experienced company like Total HR Management can offer.

Federal Regulatory Burdens Damaging To American Business

A key motto of the Total HR Management philosophy is that we help our clients work on their business as opposed to working in their business. A study conducted for the small business administration revealed a staggering figure: regulatory costs for businesses in America have risen to at least $1.7 trillion dollars annually. Yes, trillion is the figure provided and it simply takes your breath away. It reverberates in the mind like an extreme waste of time and effort at a time when American business is trying everything to get back on its feet and back to the forefront of global productivity.

In future parts of this ongoing series, Total HR Management will address what small to mid-sized business owners can expect as the prime challenges of federal regulation. From healthcare regulations and labor laws to employee protection issues and employment enforcement questions, we will provide you with the questions that are coming down the line and what to expect. Finally, we will give you a list of several other complicated Federal regulatory burdens now facing small to mid-sized businesses in the United States. Our goal is to help you avoid fines and stay in compliance in this vast and dangerous jungle of modern regulations.


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