What Small Businesses Need to Know about this new round of PPP

January 11, 2021

On December 27, 2020, President Trump approved a $900 billion COVID-19 relief bill.

In it, Congress appropriates funds to help small businesses, nonprofits, and venues that continue to be hit hard by the impact of COVID-19 through The Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (the “Act”). The Act provides assistance to small businesses mainly by revamping the familiar Paycheck Protection Program (“PPP”). The changes to PPP are many and this article does not address every update. Rather, here are some highlights that you should know.

To continue reading, click here.

COVID-19 Employer Resources and Compliance Toolkit

March 26, 2020

During these uncertain times, Miami Payroll Center is keeping up to date on all legislative and tax related responses to the COVID-19 crisis as they relate to small businesses and their employees. As additional information becomes available from related government agencies such as the Department of Labor and the IRS, this page will be updated accordingly.

On Wednesday, March 18^th, the President signed the Families First Coronavirus Response Act to take effect on April 1, 2020 and will sunset on December 31, 2020. The Act provides for mandated paid emergency sick leave and paid family and medical leave for many workers. To offset wages paid under the program, employers will receive a tax credit. There are still several uncertainties, such as the timing of the credits to offset the payments required by employers. Many of the details for implementation are still unknown until individual government agencies, e.g. DOL, IRS, release their own guidance between now and April 1, 2020. As additional details are released for implementation, we will update the information on this page.

If you have specific questions as to how these changes may affect your business, please contact us at 305-273-4066.

Useful Links

COVID-19 Miami Payroll Center Published Resources

IRS Updates

The IRS has established a special section focused on steps to help taxpayers, businesses and others affected by the coronavirus. This page will be updated as new information is available.

What your Managers need to hear about COVID-19

March 16, 2020

1. Do not ask your employees if they have COVID-19.

While you can visually see an employee coughing, sneezing, and generally feeling sick at the office and you are right to ask an employee to go home under these circumstances- remind your management team that they cannot ask an employee if they have a specific illness. The Americans with Disabilities Act (ADA) restricts the level of questions that an employer can make into an employee’s medical conditions, and you do not want to run afoul of the ADA. You can however ask the following general health questions of an employee- (1) Are you feeling alright?, (2) Are you okay to continue to work?, or (3) Would you like to go home and get some rest?

2. Can I ask an employee to get tested for COVID-19?

No, the ADA prevents an employer from requiring an employee get a medical exam unless (1) the employer can demonstrate the medical exam is job-related, or (2) the employer has a reasonable belief the employee poses a direct threat to the health & safety of the employee or others THAT CANNOT BE ELIMINATED OR REDUCED BY REASONABLE ACCOMMODATION (reasonable accommodation in this case being sending the employee home and preventing their coming in contact with other employees).

3. You cannot take an employee’s temperature to determine if they may be infected with COVID-19.

Again the ADA comes into play, as taking an employee’s temperature or performing any other diagnostic falls under the category of a “medical examination” under the act. Its best to leave the medical exams to the doctors and other healthcare practitioners.

4. Do I have to allow an employee to wear a face mask to work?

No. The Centers for Disease Control and Prevention (CDC) advises against wearing a face mask unless an individual is sick with symptoms of the virus or is taking care of someone with the virus at home or in a health care setting.

5. One of your employees tested positive for the COVID-19, now what?

In the case you have an employee inform you that they have tested positive for the virus, it is important to send the employee AND ANY OTHER EMPLOYEES WHO THEY WORKED CLOSELY WITH home for a 14-day self-quarantine period to try and prevent further spread of the virus. Remember again that the employee’s medical diagnosis is protected health information, and that you as an employer cannot disclose their positive test results to the rest of your staff. You cannot disclose the name of the employee to anyone else at your company or you risk running afoul of confidentiality laws. Employers should inform their employees that possible exposure has occurred in the workplace without disclosing any identifying information about the individual who tested positive.

It is very important if the employee who tested positive for the virus was physically at your work site, that you take deep cleaning measures to eliminate the potential threat from all surfaces that the employee was in close contact to. If you work in a shared office space arrangement, contact management of the space and ask them if they can deep clean any shared spaces that the individual might have been in contact with.

After taking the measures above, it is imperative that you report the positive test to your local OSHA office which is attempting to track all of the COVID-19 cases. For example, positive test cases in South Florida should be reported to the Region 4 Offices of OSHA in Atlanta, GA-

Region 4
Atlanta Regional Office
(AL, FL, GA, KY*, MS, NC*, SC*, TN*)
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW, Room 6T50
Atlanta, GA 30303
(678) 237-0400 (678) 237-0447 Fax

If you are in another region of the country, you can find your OSHA region and contact information in the OSHA “Guidance on Preparing Workplaces for COVID-19” job aid.

Handling An Employee Complaint

August 1, 2017

When an employee approaches a manager or business owner with a complaint, there is a right way and a wrong way to address their concern. After receiving an employee complaint, it’s always best to respond quickly and appropriately, even if you don’t have an actual solution to the problem right away.

Follow these basic steps to investigate an employee complaint and find a solution that works for all parties involved.

Investigate the complaint promptly. Determine who should conduct the investigation. The person should be objective and without bias in the outcome. Sometimes, a third party is the best option. (The Miami Payroll Center’s HR team is always available to help conduct investigations.)

Get the details. Listen and take detailed notes. Ask the complainant specific, objective questions such as:

When and where did the incident occur?
Are there any witnesses?
Is there any evidence of the situation?

If the complainant’s issue is with a manager or employee, interview that person as well and ask for the same details. Determine each person’s credibility and supporting evidence for conflicting statements.

Keep it confidential. When dealing with an employee issue, it’s best to limit discussion of the matter, until all relevant information is gathered and a solution can be put in place. Ask anyone involved to keep any discussions confidential as well. This can also help prevent office gossip and miscommunication.

Resolve the complaint. Determine if any laws were broken, company policies violated and if any disciplinary action is needed. Make the necessary corrections or adjustments. Communicate steps taken to the parties involved. Maintain records of the investigation and steps taken to remedy the situation. Address the matter with other employees and managers only when it’s absolutely necessary to prevent the matter from recurring.

Finally and most importantly, follow up. Check in with the complainant and other parties involved every so often until you are certain the matter has been resolved and no longer poses a disruption to your workplace.

Trouble recruiting good employees? Pay up!

July 25, 2017

One of the biggest challenges employers face is recruiting good employees to round out their teams. In South Florida where we operate, the marketplace for talent is beyond cut throat competitive. There are reasons for this of course, we have a large immigrant population where there is always someone willing to “work for less”. We also have a large percentage of jobs in the low-paying tourist and service industries. Couple these factors with a Republican dominated Legislature which works mostly for the state’s business community and you get a market with an overabundance of low-paying jobs and a healthy supply of labor to sustain it.

The U.S. Bureau of Labor Statistics Occupational Employment data, for the year 2015 show the Orlando-Kissimmee-Sanford metropolitan area had the lowest median pay among the country’s 50 largest employment centers, according to an analysis by FloridaPolitics.com. Miami’s pay rates take the second-lowest spot.

According to the BLS, the average median pay, annualized [meaning workers are assumed to be working full time, all year, at the rates of pay reported to the feds] for all occupations was $31,990 in Miami. Sometimes, in order for you to acquire the best talent available and take your company to the next level- you simply have to pay up for it. And yes, if you pay more than your competitors or above market average for some key positions in your company you will get better results.

4 Tips to Giving Effective Employee Feedback

July 18, 2017

Ongoing performance feedback is crucial to fostering open employer-employee relationships. Here are 4 tips to make sure your feedback is effective in bringing positive changes to your company:

Make it timely. Give feedback as soon as a situation has occurred. Not only is the situation fresh in your mind, but it also makes it easier to address and find solutions to move forward.
Stick to the facts. Focus on what occurred, and don’t make any assumptions beyond that. For example, if your employee is continuously late to work, don’t assume they are lazy or don’t value being punctual. Instead, discuss the impact of tardiness and how that affects others and the company. Give the employee a chance to explain what causes them to be late.
Address one improvement at a time. Sometimes discussing several performance issues during one conversation can dilute the message. By focusing on one improvement at a time, you have better chances of your message being clear and having the employee fully grasp the problem at hand and what’s expected of them to resolve it.
Ask for their feedback. After sharing your feedback, ask your employee for their opinion on what was discussed. This will prove to you they have understood the information and what course of action is required. If the employee is on the same page as you are, acknowledge their insight and work on a performance plan together. The more buy-in, the more likely the person will be motivated to change.

Office Romances & 4 Ways to Manage Them

February 14, 2017

With so much of our time spent at the office, office romances and relationships between coworkers have become a common occurrence. According to the most recent American Time Use Survey, Americans between the ages of 25 and 54 with children in their household spent an average of 8.8 hours on working and related activities each weekday.

Specifically, the hospitality and tourism industry ranked highest among industries where office romances are most common, with 61% of employees saying they’ve had some kind of workplace relationship.

Singles aren’t the only employees taking part in workplace relationships. According to the Society for Human Resource Management (SHRM), one in six office romances takes part with one or both of the parties having a spouse or significant other.

Here are some helpful tips to manage office romances at your company:

1. Address the issue: Rather than letting situations work themselves out. Take a stance on the subject. Some companies choose to ban office relationships, while others set boundaries for them. Whatever’s best for your company, be proactive and address the matter.

2. Establish a company policy on office relationships: The policy should address employee dating and consensual relationships occurring between co-workers and among co-workers and managers, supervisors and others in positions of corporate authority over terms and conditions of employment. It should also include examples of conduct that would be considered in violation of the policy and its consequences.

3. Implement Consensual Relationship Contracts: These contracts are rather common and help companies add an extra layer of protection to their operations. They also help managers discuss office romances in a positive, open manner. When drafting your consensual relationship contract, make sure to include these points:

the relationship is mutual and consensual
the relationship was never a condition of the terms of employment
it is the responsibility of each party to ensure the relationship does not impact job performance
company policies specific to office relationships (e.g., a prohibition on working in the same unit and next steps if required)
company expectations should the relationship end

4. Draft, publish and distribute a zero-tolerance policy for sexual or any other kind of harassment in the workplace, including threats or intimidation. Remember, in some instances, the liability for charges of sexual harassment or a hostile work environment could land on the employer…so it’s your responsibility to avoid these situations at your workplace.

How to Leave Work on Time

February 7, 2017

Every so often, leaving work on time is one of the most difficult to-do’s on the list. The Miami Herald’s Cindy Krischer Goodman shares her advice on what to do to leave work on time:

Ramp up communication. “I often have scrambled out the door way past the time I was supposed to stop working. One year, I resolved to leave by 6 p.m., which required starting my day promptly. I talked to my manager about my plan. By doing so, rather than just trying to bolt when no one was looking, I got his buy in. He understood my goals and changed his habits of making late afternoon requests. Managers, customers and co-workers become less likely to drop to-dos on your lap toward the end of the day when you establish a pattern of leaving on time and communicate your schedule.”

Give yourself a 20-minute window for departure. “If you wait until 6 p.m. to start packing up, you likely will get delayed by distractions. Once you’ve set your departure time, block out the 20 minutes prior to that time on your calendar to clean up any last daily details.”

Read Goodman’s full article here.

It’s Bonus Time!

December 7, 2016

Are you one of the lucky ones getting a year-end bonus? Many companies appear to be in a generous mood this holiday season, at least when it comes to providing bonuses to their employees. A recent survey conducted by Accounting Principals found that 75%of the companies surveyed planned to give out a year-end bonus or gift. This is up from 67% last year. About half of those awarding bonuses plan to give a traditional monetary bonuses based on company, department, or employee performance.

Survey results also show that companies are feeling somewhat more generous this year than last, with the average expected bonus to be $1,081, up from $858 in 2015. That’s a 25% increase! While a third of survey respondents planned to give workers bonuses of $1,000 or more, most planned to give between $100 and $500.

bonus While a tradition in many places, some employers often question whether, when and how to offer holiday or year-end bonuses to employees. The decision to give a bonus – and the size of that bonus – may be tied to the company’s overall performance. Tradition or not, bonuses are gifts, not entitlements. If bonuses are a tradition in your workplace and you decide not to offer a bonus for financial or other reasons, you should communicate that fact to your employees as soon as possible since some may be making plans for that money (Think Clark Griswold & the Jelly of the Month Club!).

Whether large or small, cash or a gift of another kind, these bonuses are not commissions as a form of payout for sales or performance. A bonus is a discretionary gift to employees, usually to say thanks for a job well done. Even though a bonus is designed to say thanks, it is still a form of compensation and, with that, comes certain rules.

As with other forms of compensation, bonuses must be nondiscriminatory. In other words, eligibility criteria for bonuses must be applied in a nondiscriminatory way, and employees who are bonus eligible must receive nondiscriminatory amounts. HR360 recommends using a “standard grading system to measure employee performance fairly and consistently, and to document your reasons for offering a particular reward, including specific examples of performance.”

Of course, end of year bonuses also come complete with tax implications for both the giver and the recipient, making that monetary gesture of gratitude slightly less appealing from certain perspectives!

If you need help with payroll administration of bonuses or determining the tax impact, give us a call. We hope you are among the many who will receive a year-end bonus this year!

Thank Goodness its Election Day

November 8, 2016

Election Day is finally here. And, boy, we can’t wait until it’s over!

The ugliness of this year’s presidential campaign has wreaked havoc on many American workplaces, creating tension among co-workers and, in some cases, forcing managers into the role of office referee. Two weeks ago the Wall Street Journal reported the case of a Pro-Trump executive who was insisting that an HR manager fire an employee who was planning to vote for Clinton.

i-voted It’s safe to say that this campaign season has created a divide in many facets of life and from the work site to social media, political tensions are running high. The Society for Human Resource Management (SHRM) reports that more than half of the HR Professionals surveyed last month said they had observed more hostility among co-workers than in previous election years. The only surprise here is that the results weren’t closer to 100%!

While many of us are holding our breath until it’s over, it is unlikely that the tension surrounding the election will fade quickly. After the results are in, we can expect weeks (or even months!) of heightened tensions and heated debates – regardless of who wins!

How do we deal with it all? Is it possible to plan? Well, one of the many lessons from this election is that there is no fool proof plan to cover all bases. But from an HR perspective, at minimum, we should remind our management teams to avoid political discourse with subordinates and ensure that our harassment policy and harassment complaint procedure are visibly posted. That’s a good start, but it’s not a total solution.

What are your plans? How will you combat the election fallout? We’d love to hear from you. Post your thoughts below.

HR’s Role in the Wells Fargo Debacle

October 10, 2016

By now we’ve all heard numerous tales of the fake accounts created by Wells Fargo employees in order to meet unrealistic sales quotas and the subsequent firing of more than 5,000 as a result. Millions of phony deposit accounts. Hundreds of thousands of phony credit card accounts. Phony pin numbers and email addresses too.

If you’ve ever worked in an environment where meeting goals, especially sales quotas, was given high priority, then you know what that type of culture can breed. Even the best of employees can engage in dishonest practices when their paycheck is on the line.

The workplace psychology experts at the Faas Foundation say that the bank is a perfect example of systemic bullying, defined in this case as “setting unreasonable expectations to get rid of employees who do not deliver and causing others to resort to questionable practices to meet the expectations.”

As more details become available, it turns out that the fraudulent accounts weren’t the only issue. If we’re talking about things that fit the definition of phony, perhaps we need to look at the company’s Code of Conduct and its Ethics Hotline as well.

As the dust settles around this case and the investigation and hearings play out, we find a CEO who assumes little to no responsibility, customers who are due recompense, hundreds of millions of dollars in fines assessed and past employees whose voices are finally being heard. From these past employees we now know that multiple attempts were made to blow the whistle on these fraudulent accounts through calls to the company’s ethics hotline and emails to their human resources staff. In return for following the company’s ethics policies (let’s not mention the law!), those employees were reportedly rewarded with termination[1].

Reporting under the condition of anonymity, a former Well Fargo Human Resources employee told reporters at CNNMoney that the bank had a plan in place to retaliate against those who used the tip line for reporting sales related issues. To make a long story short, the HR staff helped managers find ways to fire those tipsters.

All of this only proves what we already know: The existence of a code of conduct isn’t enough to create ethical behavior. The code must be also enforced and supported by company culture. And if a company’s upper management isn’t enforcing the code, then it is HR’s job to do so.[2]

Enforcement is one thing, but creating a supportive company culture is another. The experts at the Faas Foundation suggest that not only was the culture at Wells Fargo not supportive, but that it actually had all the necessary components of a hostile work environment (unreasonable expectations put on employees, an acceptance of questionable practices, and reluctance to complain out of fear of retaliation). According to Andrew Faas of the Foundation, “Wells Fargo has a much bigger issue than the fraudulent accounts—they have a culture of fear. If this is validated, it puts to question the credibility of their leadership’s response[3].”

Pointing the finger directly at the CEO is easy and justified, but it doesn’t change this simple fact: A very different story would be playing out in the news right now if the HR staff had been responsive to the complaints and willing to take a stand the very first time they heard of a violation.

This extends beyond HR’s role in building corporate culture, helping managers with realistic goal setting and providing code of conduct training. If the accounts of former employees are true, then complaints from internal whistle-blowers were communicated to Wells Fargo’s HR staff many times over the past several years.

While standing up to corporate executives requires tremendous courage, it is a professional responsibility of HR professionals to do so. We, too, are safeguarded by laws that provide strong protections for those who face retaliation for reporting these issues up the chain of command.

[1] https://my.capital.org/community/advice-resolution/newsletter/blog/2016/09/26/retaliation-lessons-from-the-wells-fargo-debacle

[2] https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/Wells-Fargo-code-of-conduct.aspx?utm_source=SHRM%20Wednesday%20-%20PublishThis_HRDaily_7.18.16%20(15)&utm_medium=email&utm_content=September%2014,%202016&SPMID=&SPJD=&SPED=&SPSEG=&spMailingID=26504954&spUserID=ODY2OTYwOTQ1NDkS1&spJobID=882202904&spReportId=ODgyMjAyOTA0S0

[3] https://www.fastcompany.com/3064175/how-wells-fargos-cross-selling-scandal-grew-out-of-workplace-culture

Florida’s Tipped Minimum Wage

September 22, 2016

Each year by October 15^th the State of Florida determines what the following year’s minimum wage rate will be. Take a minute to check your calendar – we can expect this announcement soon! While many would like to think these decisions are completely left to politics and protesters, the minimum wage determination in Florida is actually made using a formula that ties the minimum wage to the consumer price index (CPI).[1]

Last October it was announced that there would be no minimum wage increase in Florida for 2016. The decision was a surprise to some, especially those in the hospitality industry which contains a large number of the state’s minimum wage workforce. However, since Florida has already established a minimum wage higher than the federal minimum, news of a flat year was welcomed by employers.

tips Employers in the hospitality industry have come to terms with Florida’s higher-than-federal minimum wage, but many struggle with the tipped minimum wage and how to ensure compliance when paying tipped employees. The current minimum wage in Florida is $8.05 per hour, with a minimum directly paid wage of at least $5.03 per hour for tipped employees (with tips making up the difference).

Thus, in Florida, the employer can claim $3.02 toward the $8.05 minimum wage as long as the employee actually receives $3.02 in tips per hour. If the employee does not receive $3.02 per hour in tips the employer must pay the difference so that the full minimum wage is met.

While we wait to see if the state minimum wage (as well as the tipped minimum wage and tip credit amounts) will change for next year, now is a good time to review related Department of Labor Rules.

To begin with, employers must provide tipped employees specific information from the start of employment[2]:

Notice of the amount of direct hourly wages it is paying a tipped employee, which must be at least $5.03 in Florida
The additional amount it claims as a tip credit, which cannot exceed $3.02
An explanation that the tip credit it claims cannot exceed the amount of tips actually received by the tipped employee;
A statement that all tips received by the tipped employee are to be retained by the employee unless there is a valid tip-pooling arrangement in place; and
An explanation that the tip credit will not apply to any tipped employee unless the employee has been informed of the tip credit provisions.

Two aspects seem to be at the root of many tipped minimum wage and hour disputes: Dual jobs and tip pools.

Many employers don’t consider their tipped staff to have dual jobs. However, if tipped workers are expected to spend some of their shift completing work that does not provide tips, they may have a dual job. Take a server for example. The server may spend four hours waiting tables, but then two additional hours cleaning, taking inventory, stocking table condiments, etc. The employer must pay the server the full minimum wage, without taking a tip credit, for those two hours.[3]

Another issue is tip pooling. Although tip pooling has potential benefits for employees, it can also be misused by employers. While many believe that back-of-house staff (line cooks, dishwashers, bussers, etc.) deserve a cut of the tip for their role in the dining experience, this practice cuts wait staff tip wages by more than 50%, which is definitely not in accordance with the law. According to the Federal Department of Labor, only employees who regularly receive tips can be part of the pool and employees must receive notice that they will be pooling. The law says that employees cannot be required to share their tips with employees who do not receive their own tips, like dishwashers or cooks.[4]

Whether or not the minimum wage (and tipped minimum wage!) will change next year as a result of the CPI formula or the presidential election, employers should review their payroll practices to ensure compliance and minimize the chance of wage and hour issues!

[1] http://www.orlandosentinel.com/business/brinkmann-on-business/os-florida-minimum-wage-20151019-post.html

[2] http://hr.blr.com/HR-news/Compensation/FLSA-Fair-Labor-Standards-Act/Florida-court-FLSA-rules-valid-tip-credits-pools/#

[3] http://www.nolo.com/legal-encyclopedia/florida-laws-tipped-employees.html

[4] http://www.danzlaw.net/blog/2016/06/understand-the-tipped-minimum-wage-laws-and-common-florida-violations.shtml

Political Debate in the Workplace: More at Stake than Lost Productivity

August 26, 2016

It’s election season and, unless you’ve mastered the art of conversation avoidance, it’s likely that you’ve been invited (or forced!) into a political discussion in the course of an average day. This election is a little “louder” than those of the past. With the constant media attention given to our current Republican and Democratic Presidential candidates, the campaign trail seems to have barged right into our homes and workplaces, mostly uninvited.

According to a new CareerBuilder survey, 3 in 10 employers (30%) and nearly 1 in 5 employees (17%) have argued with a co-worker over a particular candidate this election season, most often about Donald Trump.[1] This same survey reports that male employees (20%) reported a higher incidence of arguing about politics at work than female employees (15%). Comparing age groups, at 24% younger workers (those between the ages 18 and 24) are the most likely to report engaging in heated political debates at work.

loss_productivity Beyond potential morale and productivity issues, political debate in the workplace may create a potential liability for employers. Conversations around our current Presidential candidates can easily focus on race, sex or religion. This can provide grounds for harassment, discrimination or other types of workplace complaints.[2]

Before we pull out our pens to write a new policy on political debate, let’s remember one thing: Employees don’t have a Constitutional right to free speech or freedom of expression at work.[3] The first amendment applies to government censorship, not workplace censorship. The Constitution allows private businesses to regulate speech in the workplace, and even to bar political discussion entirely. Public employees are more protected by free-speech rules, but even government offices can impose limits.

Still, the potential liability should not be dismissed. It would be nearly impossible to ban all political discussion in the workplace. Chances are that your current policies already have you covered, but here are a few things to keep in mind:

Ensure your harassment policy and harassment complaint procedure are visibly posted and that employees have been trained on both. Take this opportunity to remind employees of any guidelines that prohibit bringing campaign materials into the workplace.
While employers can implement dress code policies that prohibit the display of political items at work, the National Labor Relations Act says that employees have the right to display Union insignia while at work. So, for example, if what Donald Trump said is true, and “the men and women of the Teamsters are with Trump,” that “Teamsters for Trump” lapel button is allowable in the workplace regardless of dress code.
Remind managers and supervisors to avoid political discussions with their subordinates and to limit discussions that harm productivity or otherwise disrupt work.
Review your electronic communications and computer use policies to ensure that they mention that company computers and systems are for business related use only and that the use of systems for political campaigning is prohibited.
Review your non-solicitation policy to ensure that it prohibits all forms of solicitation, including political campaigning, during work hours.

November will be here before we know it, and the results of the election may bring about even more heated, political debate. Perhaps the most important thing we can all do is create a culture of open dialogue and respect for differing opinions. If that fails, perhaps we teach our employees the art of knowing when to walk away!

[1] http://www.prnewswire.com/news-releases/political-talk-heats-up-the-workplace-according-to-new-careerbuilder-survey-300298209.html

[2] http://www.acc.com/legalresources/publications/topten/TopTenQuestionsRegardingPoliticalDialogueintheWorkplace.cfm

[3] http://www.hrexaminer.com/is-there-free-speech-at-work/

Classifying Restaurant Staff

July 8, 2016

FLSA_logo Restaurant operators already have a dizzying amount to manage without getting bogged down by payroll or wage and hour issues. The Fair Labor Standards Act (FLSA) provides state-specific guidelines for things like minimum wage and employee classification that can make even a seasoned HR professional’s head spin. However, considering that failure to comply can result in substantial fines and penalties (and let’s not forget legal fees!), this is one area you can’t afford to neglect.

According to the Restaurant HR Group, one of the most common wage and hour mistakes in the restaurant industry is misclassification of employees. When you hire or contract with a new worker the FLSA requires that the worker be classified as an employee or independent contractor. The mistake most often made is to classify an employee as a contractor when they are not.

The classification process can be confusing and requires employers to determine whether or not an “employer – employee” relationship exists. But how do you know? Thankfully the IRS provides factors to consider when making this determination based on the ideas of control and independence in the relationship.

According to the IRS, factors that provide evidence of the degree of control and independence fall into three categories:

Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
Financial: Are the business aspects of the worker’s job controlled by the payer? (These may include things like how the worker is paid, whether expenses are reimbursed, who provides tools/supplies).
Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?[1]

While there may be some indicators that lean toward an employee determination, and others that lean toward a contractor determination, the entire relationship must be considered. One final and often overlooked step in this process is making sure that you document how you arrived at the conclusion.

Another common wage and hour mistake in the restaurant industry happens when classifying employees as either exempt or non-exempt. With new overtime laws effective December 2016, it is important to review current employee classifications to prepare.

According to Eater.com, the average U.S. wage for chefs, head cooks, and pastry chefs is $45,920. For bakers, that number is $26,270. Based on the new Overtime Law, these workers, often salaried and working 50 or more hours per week, will qualify for time-and-a-half pay for their extra hours if employers do not consider options such as adjusting wages or cutting hours.[2]

Based on the new law and the national increase in employee lawsuits related to exempt status, now is the perfect time to review employee classifications. Need some help? Don’t hesitate to reach out- we’re here for you.

[1] https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee

[2] http://www.eater.com/2016/5/18/11696664/obama-overtime-labor-laws

Do your managers qualify for their exempt status?

June 27, 2016

Small business owners without any HR expertise and without seeking outside counsel tend to classify their employees on a whim, believing that granting someone “exempt” status will save the business on overtime expenses. Little thought is given to whether their “exempt” employees actually qualify for their exempt status. This is a problem that unfortunately, many of them don’t realize the severity of until there’s a claim of overtime that allows for them to learn about the qualifications for the exemption. By then, its usually too late and they are well on their way to losing a case.

Salary Test

Generally, an employee is paid on a salary basis if s/he has a “guaranteed minimum” amount of money s/he can count on receiving for any work week in which s/he performs “any” work. To qualify as exempt, employees must generally be paid a predetermined amount over $455 per week each pay period not-dependent on the quality or quantity of the work performed. Starting December 1st, 2016, the salary threshold of $455 a week will rise to $913 ($47,476 per year) making an additional 4.2 million workers eligible for overtime pay.

The Duties Tests

An employee who meets the salary level tests and also the salary basis tests is exempt only if s/he also performs exempt job duties.

There are three typical categories of exempt job duties, called “executive,” “professional,” and “administrative.”

Exempt executive job duties.

Job duties are exempt executive job duties if the employee

regularly supervises two or more other employees, and also,
has management as the primary duty of the position, and also,
has some genuine input into the job status of other employees (such as hiring, firing, promotions, or assignments).

“Mere supervision” is not sufficient. In addition, the supervisory employee must have “management” as the “primary duty” of the job.

Business owners should remember to look at the job duties of the position, not the job title of an employee to determine whether an exempt status applies. The Fair Labor Standards Act (FLSA) also provides certain exemptions for outside sales personnel, certain specialized computer personnel, certain highly compensated employees, certain retail sales employees, and employees covered by the Motor Carrier Act (MCA); Qualifying for these and documenting your rationale can get a little technical, and business owners should consult with an HR or Labor Attorney to ensure the exemption will hold up if ever challenged.

With the new salary threshold becoming effective in a few months, the time is perfect for employers to reevaluate their exempt/nonexempt classifications. If you are concerned that some of your exempt workers may be misclassified, the new regulations will give you another reason to revise their classification without necessarily creating liability for past wages.

Overhauling the “Zero Tolerance for Violence” Policy

June 21, 2016

Most HR Professionals would prefer to stay out of the gun control debate. In light of recent gun related violence in the US, however, we once again find ourselves “caught in a legal crossfire between the need to maintain safe workplaces and the right of employees to possess firearms.[1]”

Until recently, many employers attempted to prevent violence in the workplace with Zero-Tolerance policies, but policy alone will not prevent violence, nor will it help in a time of crisis.

Although the gun control debate has taken center stage, gun violence is only one type of violence we may encounter. Here are a few recommendations for preventing and preparing to respond to violence in the workplace.

1. Train your managers and staff to identify the behaviors that may be predictors of potential violence and encourage employees to report conduct that makes them feel uncomfortable. Investigate all complaints and act if needed. Include the reporting structure in policy, and be sure to make employees aware that there will not be retaliation for following the policy.

2. Provide training for employees that goes beyond a zero-tolerance policy. In today’s climate, this means providing training and conducting drills on what to do in an active shooter situation. This may require consulting with your local law enforcement agency, especially if no one on your team is an expert in active shooter preparation. Many agencies will provide active shooter training free of charge.

3. Form a management response team to conduct a threat assessment as well as respond to threats or reports of potential violence.[2] The members of this team may need specialized response training as well. Hire an external party to conduct a threat assessment if your organization is not comfortable conducting it internally.

4. Ensure that your management team understands your state’s laws regarding guns in the workplace. Legal experts say employers have a right to prohibit guns and other dangerous weapons on private property.[3] However, many states have laws allowing employees to have weapons locked in a personal vehicle in the company parking lot. If you are going to implement a no-guns-at-work policy, be sure to post a conspicuous sign prohibiting weapons at work.

5. Consider adopting background check requirements for all new hires. A thorough check may weed out someone with a history of violence or behaviors often associated with a heightened potential for violence.[4]

No employer is immune from workplace violence and no employer can totally prevent it.[5] Taking measures to prevent violence is not enough. We must also prepare to respond and act when faced with a violent situation.

Sources:

[1] https://www.shrm.org/hrdisciplines/safetysecurity/articles/pages/hr-conflict-guns-workplace.aspx#sthash.ZakEiJFJ.dpuf
[2] https://www.shrm.org/legalissues/federalresources/pages/3-ways-to-reduce-risk-of-workplace-violence.aspx
[3] https://www.shrm.org/hrdisciplines/safetysecurity/articles/pages/hr-conflict-guns-workplace.aspx#sthash.f2sh1QW0.dpuf
[4] http://topics.hrhero.com/workplace-violence/
[5] https://www.dol.gov/oasam/hrc/policies/dol-workplace-violence-program.htm

HR Trumps political speech at work

June 16, 2016

You overhear them in the dining rooms, kitchens, and break rooms around this time every four years or so- sometimes more often in off-cycle election years. Political chit chatter between your employees. Sometimes, they even get heated and you begin to hear voices being raised. You might even notice employees avoiding others at the office who have expressed different political views as their own to “avoid trouble”.
From a Human Resources Management perspective, it’s important that you understand how to react. Political discussions at work can impact morale, teamwork, communications, and may even open up your company to liability if arguments get out of hand. My advice to you-

Don’t allow employees to play the “free speech” card at the office when you have a trump card in the law.

candidates That’s right, I said it. Your employees’ free speech protections when it comes to these conversations ends at your company’s door step. The First Amendment of the constitution only guards against censorship by the Government. There is no Federal law protecting the expression of political views at private employers.

I stress private employers because while private employers can fire an employee whose speech they dislike- the First Amendment governs the circumstances under which public employers may discipline employees for their speech. The Supreme Court has also ruled that public employee speech involving matters of “public concern” constitutes protected speech under the First Amendment. Needless to say, there are many an argument that can be made for what vaguely constitutes public concern.

What Must You Know

From a political standpoint, here’s what you should know if you are a private employer conducting business in South Florida. In Florida, it’s a felony to “discharge or threaten to discharge any employee in his or her service for voting or not voting in any election, state, county, or municipal, for any candidate or measure submitted to a vote of the people.” Don’t ever fire or threaten to fire an employee for exercising their right to vote or to abstain from doing so.

Additionally, Political affiliation, sexual orientation, gender identity or expression and age under 40 are prohibited under the Broward County Human Rights Ordinance. Yes, it is illegal to discriminate against someone when making a hiring decision in Broward county because of their political affiliation- don’t do it.

While you can limit political speech at the office as a private employer, do remember that the National Labor Relations Act states that “private employers cannot prohibit discussions about workplace conditions.” Translation, there are limits to your powers of silencing political speech at the office. Say for example, two or more of your employees are debating in the lunch room which political candidate or party would benefit them most as workers- they have a right to that conversation. In the event of a claim in this instance, they would argue it was concerted activity about workplace conditions- and more likely than not you would lose that case.

Got a question about the political chatter at your office during this election season? Don’t tackle it alone, reach out and let us help.

5 Ws That Are Key to Employee Investigations

May 23, 2016

While working at your office one day an employee quietly enters and closes the door behind him. He asks for a few minutes of your time, and detecting the urgency in his voice you grant him the time- he proceeds to tell you a harrowing tale of harassment and bullying allegedly going on right beneath your nose. Right now, he just wants you to do something about it. Time for you as a Manager to jump into action and immediately contact your HR Business Partner.

I cannot stress the importance of conducting a quick, thorough, and documented investigation into any and all claims of harassment by an employee. While HR professionals are trained to perform these investigations, Managers should at the very least be knowledgeable on the 5 Ws that will determine the success of said effort.

The 5 Ws refer to the questions that must be asked during any investigation-

Who – was there, who made the offending comment, who witnessed the comment being made, etc.
What – preceded the comment, what was said exactly, what do you think the offending party was trying to convey with the comment, what was hurtful about the comment, what did you do about being hurt at the time, what in your opinion would be the ideal resolution to this situation, etc.
When – was the comment made, when did you decide to complain, when did you tell the offending party that their comment was hurtful, etc.
Where – did the incident happen, where did you go afterwards, where did they go afterwards, etc.
Why – didn’t you tell them you were hurt by their behavior, why did you not say something sooner, why did you …, etc.

Your employee investigations should be executed quickly, your interviews well-planned and remember the 5 Ws. Your employees must perceive you as unbiased and objective in the performance of reviewing these claims- or you will not get the information or cooperation you need from them in order to get to the bottom of the situation. It almost goes without saying, but document every step along the way of your investigations and it helps if you always assume that the matter will end up in court.

The new overtime rules are here!

May 18, 2016

Key Provisions of the Final Rule

The Final Rule focuses primarily on updating the salary and compensation levels needed for Executive, Administrative and Professional workers to be exempt. Specifically, the Final Rule:

Sets the standard salary level at the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region, currently the South ($913 per week; $47,476 annually for a full-year worker);
Sets the total annual compensation requirement for highly compensated employees (HCE) subject to a minimal duties test to the annual equivalent of the 90th percentile of full-time salaried workers nationally ($134,004); and
Establishes a mechanism for automatically updating the salary and compensation levels every three years to maintain the levels at the above percentiles and to ensure that they continue to provide useful and effective tests for exemption.

Additionally, the Final Rule amends the salary basis test to allow employers to use nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10 percent of the new standard salary level.

The effective date of the final rule is December 1, 2016.

The initial increases to the standard salary level (from $455 to $913 per week) and HCE total annual compensation requirement (from $100,000 to $134,004 per year) will be effective on that date. Future automatic updates to those thresholds will occur every three years, beginning on January 1, 2020.

Complying with the new Overtime Rules

Wondering how these new rules impact your labor force, and what you can do to ensure you remain in compliance? We can help! Complete the form to your right or call and ask for help- one of our HR Consultants will be glad to sit with you and analyze the impact to your impact and recommend solutions for your particular situation. There is no one-size-fits-all solution to complying with this rule, as what is best for every business can vary depending on many factors.

Source:

Final Rule: Overtime

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees under the Fair Labor Standards Act

7 Signs Your Key Employee Is Leaving You

May 18, 2016

Key employees don’t just leave without warning. Here’s how to know if you should be worried.

The other day, a fast-growth CEO contacted me to chat about an employee problem that was becoming a big issue (employee engagement is what I do for a living, after all).

Without warning, key employees were leaving the company.

So the CEO was not only questioning how to stop these regrettable departures, but also wondering if other key employees were at risk of leaving.

Everyone is replaceable, except at certain points in a company’s history.

There are certain times when departures of key employees are costly and downright detrimental.

If my view is accurate–and I’d love to hear if you think I’m wrong–a savvy CEO should always be on the lookout for signs that key employees are fidgety.

Source: 7 Signs Your Key Employee Is Leaving You

Beware the rule-following co-worker, Harvard study warns – The Washington Post

April 27, 2016

Harvard study on toxic employees lays out three characteristics that should make you suspicious.

Every workplace has them. The colleague who bad-mouths you behind your back at the water cooler. The boss who takes credit for everyone else’s ideas. The sexist jerk people actively avoid by taking circuitous routes to the printer and lying about their happy hour plans.

These employees are the bane of American enterprise and they’re everywhere. Not only are they detrimental to a company’s morale, they are extremely costly to its bottom line and can do far more harm to an organization than outliers at the other extreme — the superstar employees — do good. But who are these people exactly? And how are they different from the rest of us?

Source: Beware the rule-following co-worker, Harvard study warns – The Washington Post

Hire Top Talent Without Breaking the Budget? Think Remote!

March 22, 2016

Few small businesses have the budget necessary to compete with the biggest companies when it comes to hiring top talent. But money isn’t everything! Offering a flexible work environment that increases work-life balance could be worth its weight in gold.

Let’s face it – the days when 100% of the workforce actually went in to the office every day to work are long gone. Thanks to advances in technology, and a shift in employee priorities as the Millennials joined the workforce, our culture is rapidly changing to one that favors working remotely.

w-l-balance By offering a flexible work environment where employees can work one or more days outside the office, you can send a message that not only are you aware of your employees’ need for a better work-life balance, but that you trust them and believe in their professionalism. South Florida is rife with traffic jams, long commutes and terrible drivers. Imagine what reducing an employee’s commute would do for their morale, their wallet and their level of happiness! One less day of gas and tolls, one less day of a frustrating commute that can save an hour or two of time, one less day of professional attire to be dry cleaned.

The results of a 2015 US Department of Labor survey showed that 23% of employed Americans did some or all of their work from home in 2014. While we don’t have a new report yet this year, it’s a safe assumption that this number has risen to more than 25% of employed Americans. Data from the 2015 report also shows that, on the days they worked, 39% of employed people age 25+ with a bachelor’s degree or higher did some or all of their work at home.

Few companies have a business model that could support a completely remote workforce. However, providing the option to work from home even one day a week might be enough to retain or recruit top talent to your organization.

Have you been successful in offering remote work options for your employees? We’d love to hear what’s been working for you. Post your comments below.

The Never Ending Discussion of Wages

March 8, 2016

It’s almost impossible to watch the news or follow social media without hearing at least one side of the debate for raising wages. Last year The Wall Street Journal and Vistage International conducted a survey of 728 small business owners across the U.S., from a range of industries, and found that small business owners were evenly split in their opinion of raising the minimum wage, with about 49% of respondents saying the federal minimum wage should be raised, while 49% disagreed.

While reasonable arguments can be found on both sides of the fence, one thing that is certain is that businesses must revisit the issue of wages in their overall workforce strategy. In our last post, we mentioned that our employees can’t help comparing what they’re making to what their peers are making, both inside the organization and out. Last week, Costco announced that it will be raising wages for both new and current entry-level workers in the U.S. This means that Costco will be paying workers at least $13 an hour. Even those who don’t work in retail will be comparing their pay to that of Costco. Analysts suggest that, as the economy adds jobs, retailers will have to start paying their front-line employees more if they want to retain them.

Couple the Costco wage increase news with the increase Walmart announced a few months back, and it is easy to predict that the U.S. labor market might be tightening. February’s Department of Labor monthly report showed strong hiring in the U.S. economy as evidenced by the addition of 242,000 jobs and a steady unemployment rate of 4.9%. The U.S. economy has been adding jobs 72 months in a row. As the economy improves and job openings become more plentiful, it is safe to assume that workers will have more opportunities to jump from job to job in search of the best wages.

According to The Atlantic, many businesses are reporting that the competition for low-wage workers is growing and it’s harder to find employees to fill vacant positions. The Wall Street Journal reports that one third of small firms stated that they had lost workers due to higher wage offers by competitors or other businesses.

Of course, it’s not always feasible to adjust wage scales. If this is the case, then it’s time to revisit other ways to keep your employees motivated, productive and loyal. In terms of keeping your employees happy, money isn’t everything. But it helps.

Do you think wage increases outside of your industry will have any impact on your workforce? Weigh in by commenting below.

Are you Paying Too Much – Or Too Little?

March 7, 2016

Choosing how much to pay your employees can be difficult. Are you paying too much? Too little? How much is enough to keep your best and brightest employed within your organization? Being fair to all employees while also showing that they’re valued takes more than a standard pay scale. While the ability to hire a great candidate is often reliant on salary, retaining a great employee may require a little more than just dollars and cents.

Fairness in compensation within your organization, otherwise known as internal equity, is somewhat of a preoccupation in today’s workplace. Our employees can’t help comparing what they’re making to what their peers are making, both inside the organization and out. While we try to keep salary information confidential, the information is easily obtained, sometimes by word of mouth and by information found online. Creating internal equity can help create and maintain the loyalty of your employees.

Looking at the balance between internal and external salary equity is a great place to start. However, no matter how complex and complete your compensation formulas are in reality (assuming all related laws are considered), it is how they are perceived that can truly impact employee loyalty and happiness. If employees perceive that they are not being paid fairly in comparison to their coworkers, they may not feel valued and may leave. If the employee perceives that they do more work than their peers but are paid the same, this may create a similar outcome.

Wages should not be based on job title alone. The tasks completed are more important than the titles. Similar tasks should earn similar wages. Of course, beyond job tasks it is certainly acceptable to consider an employee’s education and prior experience.

More and more employers are creating compensation plans built on the idea of transparency, which helps them to explain why compensation decisions were made. Explaining the factors that led to a compensation decision will allow employees to understand your exact reasoning, which can result in the perception of being paid fairly. The employee’s perception of being paid a fair wage is just as important as the wage itself.

If you haven’t reviewed your pay or internal equity structure recently, now is the time. Your best employees are probably already aware of how much their peers are making and how much they could be making elsewhere.

Is it time to retire the year end review?

November 17, 2015

For a large number of employees the annual performance review meeting is the most anxiety-ridden conversation of the year. Many meetings will start out with a few positives that are said early on to take away the sting from the negatives, which we’ve become accustomed to calling “areas for improvement” or some other euphemism for underperformance. Managers will then try to ensure that the meeting ends on a positive note of some sort, but this emotional swing from positive to negative to positive often leads to employees receiving a mixed message and ultimately ends in disappointment.

Annual performance review It’s time to reconsider the idea of an annual review that happens only at the end of the year. Performance management is a process. Chances are you’re already providing feedback of some sort throughout the year. Perhaps it’s time to replace your end of the year annual review process with one that has a beginning, middle and an end.

One model of performance management suggests holding Performance Planning sessions with each employee at the start of the year. Use that time to discuss the team member’s goals as well as your expectations. Not only will the employee have a clear understanding of your expectations, but they will also understand exactly what you plan to hold them accountable for at the end of the year.

After performance goals are set, provide constructive coaching on projects and performance throughout the year, keeping notes and asking the employee for a goal’s status report. Ask for their opinion on how they think things are going. These items will make writing the end of the year review much easier.

A few weeks prior to writing your end of the year review, ask the employee to judge their own performance against the goals set at the beginning of the year. Once your review is written, provide it to them just prior to your meeting so that their initial emotional reaction to the review can be experienced privately. If the employee participated in the performance planning process at the beginning of the year, the contents of their review should not be a surprise. For high and low performers alike, provide feedback in terms of what they are doing now that is not working, what they are doing that is working well and what they need to do to be more effective.

There are lots of performance review models that provide ideas on how to handle the end of the year meeting, from getting 360 degree feedback to using a rating scale to measure specific behaviors. The reality is that your performance management system should be unique to your organization and, most importantly, should fit the culture of your workplace.

Avoiding a Halloween Scare

October 21, 2015

It’s that time of the year again- Halloween, also known as “All Hallows’ Evening”. Many a CEO or business owner is tempted to let employees “dress up” for the day, humanize the workplace a little bit. Allow their teams to display some personality, and bring some pizazz to the office. Overall, this is not a bad time of the year to allow a little fun.

Don’t let the fun turn into a nightmare scenario for you. When adults come out and play, Halloween costumes can get overly sexy (I know, I know- you’ve never seen this happen), or mock racial, religious, or political beliefs that may offend another employee. Before you know it, you’re getting served with a workplace discrimination lawsuit. How can you avoid this spooky situation, and still allow for a little fun at the office?

As with most things Human Resources related, an ounce of prevention is worth a pound of cure. While you cannot completely eliminate the risk that an employee will get offended, you can certainly mitigate that risk by following a few easy steps.

First things first. If you’re going to allow for a little fun in the workplace this Halloween, communication with your Managers is key. Meet with your Management staff and Elvira discuss the holiday, and how some in the workplace might find the holiday objectionable due to their religious beliefs. For this reason, Managers should communicate to their teams that it is perfectly okay NOT to participate in dressing up to work on that day, and if an employee requests to work from home and it won’t impact their work- this reasonable accommodation should be made. Any costume contests, office décor contests, parties, or activities related to the holiday should be communicated to staff as “voluntary” and no employee should be forced to partake.

Next, you should communicate that Halloween is not a day (or an excuse) to toss the company dress code out the window. While it is okay for them to dress up, it should be communicated to all staff that the main parts of your company’s dress code will still be enforced. You want to get the message across to your staff that costumes that may offend a colleague, or worse- a client, will not be tolerated. Period. If possible, give examples of costumes that comply with your dress code, and those that don’t. I suspect this being a Presidential election cycle and with the new Star Wars movie set to be released in December, you’re going to be seeing a lot of Donald Trump and Hans Solo costumes.

Lastly, I can guarantee you that even though you take the two necessary precautions above- someone will still end up coming to work in an inappropriate costume. Consider when communicating the Halloween holiday’s work rules for the day asking those employees who will be coming in costume to bring a change of clothing in the event their chosen attire is deemed inappropriate. Also inform them that not doing so may result in their being sent home for the day should their costume not meet the company’s communicated guidelines.

I know what you’re thinking, all this for a day of fun? Yes, and believe me- you’ll thank me if you still end of with the nightmarish scenario of having an employee file a claim.

Narcissistic? Perhaps. Valuable? Absolutely. The Millennial Workforce.

October 19, 2015

Quick Insights into the Millennial Workforce

Millennials, those born between 1980 and 2000, have a reputation for being lazy, entitled job hoppers who are more attached to their technology than they are to reality. While in some instances this may be true, it does not negate the fact that Millennials are the largest generation in the workforce in 2015 (US Bureau of Labor Statistics) and, in less than a decade, will make up more than 75% of the workforce.

Millenial_employees More often than not, Millennials don’t quite deserve the widely accepted negative reputation that has become the hallmark of their generation. In fact, Millennials can, and should, be next in line for leadership positions within your organization. They are naturals with technology and social connectivity and are full of ambition and creativity. As more Millennials enter the workplace each year, who better to lead them than one of their own?

According to the 2015 Millennial Majority Workforce study, more than half of all hiring managers report difficulty in finding and retaining Millennial workers. This comes as no surprise since the same study reports that more than half of Millennial workers expect to stay with an organization for no more than three years.

As the face of the workforce changes, it is important to take note of what engages and motivates this group. Here are a few insights into the Millennial Workforce:

It takes more than money to motivate Millennials. A survey conducted by UNC’s Kenan-Flagler Business School reported that there were other job factors Millennials found to be just as important as salary. These included meaningful work and a sense of accomplishment. The survey also reported that one third of Millennials said social media freedom and mobile work opportunities were more important than salary in deciding to accept a job offer.
Forget about the annual performance review. According to the UNC study, 80% of Millennials said they prefer feedback almost immediately. This means a constant review of efforts and frequent updates on progress towards goals. This real time feedback, paired with structured assignments, will provide opportunities for them to learn and grow within you organization. This brings us to the next point:
Almost two thirds of Millennials said that professional and personal development was the most influential factor in their current job (UNC Study). Training and development are important to them, and they expect success to be rewarded with opportunities for promotion. If they are not promoted within your organization, they will go looking elsewhere for the opportunity.

If you take away nothing else, remember this: Ignore the Millennial stereotype! Findings from the 2015 Millennial Majority Workforce study reveal that Millennials have more of the skills businesses require to remain agile and innovative. Advantages they have over prior generations include adaptability, idea creation and the ability to learn and adopt new technology rapidly.

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