This article is from RISQ Consulting’s MyWave Connect portal, a resource available to all RISQ Consulting clients. Please contact your Benefits Consultant or Account Executive for more information or for help setting up your own login.

Overview

On Oct. 8, 2019, the U.S. Department of Labor (DOL) published a proposed rule to amend employee tip regulations under the Fair Labor Standards Act (FLSA). This proposed rule has been issued, in part, to incorporate legislation approved by Congress in 2018. The rule also incorporates guidance the DOL has published over the years about tipped wages.

Some expect the proposed rule will “provide employers greater flexibility in determining pay practices for tipped and non-tipped workers.” These individuals also expect that the proposed rule “may allow for a reduction in wage disparities among employees who contribute to the customers’ experience.”

Action Steps

The DOL is inviting the public to comment on this proposed rule. Employers and individuals who wish to comment must submit their remarks by Dec. 9, 2019.

In addition, because the rule offers a departure from current practices, affected employers should become familiar with this proposal and monitor DOL activity regarding the rule.

Minimum Wage, Cash Wage and Tip Credit

The FLSA requires covered employers to pay their employees’ wages at a rate that is at least equal to the federal minimum wage rate, which is currently set at $7.25 per hour. However, the FLSA also allows an exemption for tipped employees. Tipped employees under the FLSA are individuals who are engaged in an occupation in which they “customarily and regularly” receive at least $30 in tips per month.

Under the tipped employee exemption, employers can pay their tipped employees a lower wage—also known as a cash wage—of $2.13 per hour, as long as the employee’s tips are sufficient to make up the difference between the cash wage and the federal minimum wage rate. The difference between these two rates is known as a tip credit. Based on the current federal minimum wage rate and cash wage, the current tip credit is $5.12 per hour.

Using the tip credit is permitted only when, among other things, employers allow their employees to retain all of their tips.

Tip Pooling

The FLSA also allows employers to collect all the tips employees receive into a common employee tip pool. This practice enables the employer to then redistribute wages among tipped employees in an equitable manner. However, under the law, employers that use a tip credit to calculate their employees’ wages are permitted to redistribute pooled tips only among tipped employees.

But the law didn’t explicitly address whether this restriction also applied to employers that do not use a tip credit. As a result, in 2011, the DOL revised its tip regulations to extend tip pooling restrictions to all employers, regardless of whether they use the tip credit. This meant that pooled tips could only be redistributed among tipped employees, and not shared with non-tipped employees, such as dishwashers and cooks.

The Proposed Rule

In 2018, Congress amended section 3(m) of the FLSA in the Consolidated Appropriations Act (CAA). Among other things, the CAA overturned the DOL’s authority to extend the restriction on tip-pooling to employers that do not use the tip credit. The DOL is issuing the current proposed rule to harmonize FLSA standards with the CAA. The rule, if finalized, would also codify long-standing DOL guidance on how employers should handle tip wages.

If adopted, the new rule would:

• Prohibit employers from keeping their employees’ tips and specifically prohibit managers and supervisors from keeping any portion of employee tips, including tips from a tip pool;

• Limit an employer’s control over employee tips to:
  • Distributing tips to the employees who received them;
  • Implementing mandatory tip pools in compliance with FLSA regulations;
  • Redistributing pooled tips to employees in the pool;

• Use the executive exemption’s duties test to determine whether an employee is a manager or supervisor (managers and supervisors would not be allowed to keep any portion of an employee’s tips);

• Remove the restrictions on an employer’s use of employees’ tips when the employer does not take a tip credit (this would allow employers that do not take an FLSA tip credit to distribute pooled tips to a broader group of workers, such as cooks or dishwashers);

• Require employers to redistribute pooled tips at least as often as when they pay wages (this aligns the policy for cash tips with the current policy for tips paid via credit card);

• Incorporate new civil money penalties, as required by the CAA (current penalties cannot exceed $1,100). These new penalties would be imposed when an employer unlawfully keeps tips. The DOL would only assess these new penalties when the violations are repeated or willful;

• Require employers that do not take a tip credit to keep records of those employees who receive tips and the tip amounts they receive; and

• Allow employers to use the tip credit when they pay employees who perform tipped and non-tipped activities, but only if non-tipped activities are performed “contemporaneously” with tipped activities. Contemporaneously would also include activities that are performed at a reasonable time immediately before or after performing tipped activities or duties.

Finally, the new rule would also harmonize FLSA requirements with Executive Order 13658 (Establishing a Minimum Wage for Contractors) and withdraw the DOL’s 2017 proposed rule on tip credit regulations (the 2017 proposed rule has been superseded by the CAA).

By Alison Nelson

From new definitions of work-life balance to utilizing more technology, it’s no secret that the incoming workforce is invoking changes throughout businesses everywhere. One change that I find to be particularly interesting is the death of the traditional office layout. Millennials and Generation Z both want to be able to move around throughout the day and as a result, the stationary desk and cubicle are on the decline.

 I stumbled upon this article in Forbes by Barnaby Lashbrooke, titled “This Is the Hottest Trend in Office Design Right Now”. The article describes some of the office layouts that companies are changing to in order to attract and retain employees. Open spaces with casual couches, booths, fun chairs, and tables sprinkled throughout allow employees to switch up their seating and are rapidly replacing traditional desks and cubicles.

The goal behind the new design is to encourage creative thinking, increase collaboration, and to create group workspaces. If you switch to an open office layout, it should be noted that this design is not a “one size fits all”.  The article states that there should be a variety of areas throughout the office, ranging from social coffeehouse-style areas, to meeting rooms and a few “individual and focus” areas for those who need some extra space to focus on their work or projects.

Overall, the benefits of an open-seating office plan are significant. It can increase communication, help your team bond, encourage creativity, attract new employees, and so much more! Take a look around your workspace, is it time for an update?

Check out the images below for some office space inspiration and be sure to read this Forbes article to learn more about office designs-

https://www.forbes.com/sites/barnabylashbrooke/2019/08/27/this-is-the-hottest-trend-in-office-design-right-now/#66c625be7787

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This article is from RISQ Consulting’s MyWave Connect portal, a resource available to all RISQ Consulting clients. Please contact your Benefits Consultant or Account Executive for more information or for help setting up your own login.

3 Risks Associated With Removable Media Devices

Portable hard drives, USB flash drives, memory cards and other types of removable media are vital for the quick storage and transportation of data. For many businesses, removable media can be used as backup storage for critical digital files or even free up additional storage space for work computers.

While removable media is easy to use and has many business applications, it isn’t without its share of risks. The following are some considerations to keep in mind when using removable media at your organization:

• Data security—Because removeable media devices are typically small and easy to transport, they can easily be lost or stolen. In fact, every time you allow an employee to use a USB flash drive or other small storage device, your organization’s critical or sensitive information could fall into the wrong hands. What’s more, even if you encrypt your removable storage devices, you will not be able to recover lost files once the USB flash drive or other device is lost.
• Malware—Simply put, when employees use removable media devices, they can unknowingly spread malware between devices. This is because malicious software can easily be installed on USB flash drives and other storage devices. In addition, it just takes one infected device to infiltrate your company’s entire network.
• Media failure—Despite its low cost and convenience, removable media is inherently risky. This is because many devices have short life spans and can fail without warning. As such, if a device fails and your organization doesn’t have the files backed up, you could lose key files and data.

Thankfully, there are ways to mitigate risks associated with removable media. To use these devices effectively while maintaining data security, consider doing the following:

• Develop a policy for related to removable media use.
• Install anti-virus software that scans removable media devices.
• Ensure all removable media devices are encrypted. Passwords to these devices should never be shared.
• Instruct employees to never use unapproved removable media in a computer.
• Have employees keep personal and business data separate.
• Establish a process for wiping all portable media devices when they are no longer needed.

Best Practices for Contracting With Managed Service Providers (MSPs)

While working with a managed service provider (MSP) can be efficient and cost-effective, it’s important to carefully consider the organization that you plan on working with and get a holistic view of its operations and security. Because an MSP has direct access to sensitive systems and information, working with one is not to be taken lightly. While doing so puts your IT infrastructure in the hands of experts, it also comes with its own risks. For example, MSPs may be a target for cyber criminals, as compromising one MSP potentially compromises every organization that it works with.

To help keep your organization’s digital information and resources secure, there are a number of best practices and security considerations to keep in mind when contracting with managed service providers:

• Perform a detailed risk assessment and enforce associated mitigations before working with a managed service provider. Some considerations include:
  • How a cloud service (if used) is implemented and managed
  • Who has access to data and how it is secured
  • The intended purpose of engaging with the managed service provider
  • Potential challenges that may arise during incident detection and response, such as the managed service provider’s availability during off hours
• Keep operating systems and software up to date.
• Ensure that an MSP follows organizational security, privacy and legislative requirements.
• Find out how closely the MSP adheres to an IT security management framework.
• Use secure computers with multifactor authentication, strong passwords, few access privileges and encrypted network traffic to administer the cloud service.
• Do not provide the MSP with account credentials or access to systems outside of their responsibility.
• Use cryptographic controls to protect data in transit to and from the MSP.
• Consider full data encryption for critical information while at rest and while maintaining control of encryption keys.
• Employ full hard-drive encryption to ensure data at rest on storage media is not recoverable should the MSP replace or upgrade physical hard drives.

Cloud Computing 101

There are many benefits to adopting cloud computing at your organization, such as reduced IT costs and increased scalability. However, it’s important to note that there are different cloud service and deployment models, each with their own benefits and risks. There is no single type of cloud computing that will work best for everyone, so it’s important to conduct research to determine the right fit for your organization.

Types of Cloud Computing Service Models:

There are three distinct cloud computing service models: Software as a Service (SaaS), Platform as a Service (PaaS) and Infrastructure as a Service (IaaS).

The SaaS distribution model provides you with an application that is managed by the service provider and accessible through the internet. As such, SaaS applications need not be installed or updated on individual computers.

The PaaS model allows organizations to safely develop, test and deploy applications without needing to manage the underlying infrastructure. This provides flexibility that allows deployments to scale quickly. The IaaS model provides organizations with a specified amount of cloud storage space to do with whatever they want. This allows the greatest amount of flexibility, as the organization is responsible for accessing, monitoring and managing their data that is stored in the cloud. In this case, the service provider typically only manages hardware, storage and networking, though other services may be provided at additional costs

Types of Cloud Deployment Models:

Just like with service models, there are various different ways that a cloud can be deployed. This includes a public cloud, which is cost-effective and efficient but means that your data may be stored on the same server as others’. A private cloud, however, allows your organization greater control over infrastructure and computational resources by having them located on private networks.

Lastly, a hybrid cloud combines on-site infrastructure with a cloud environment. This allows organizations to utilize different types of service providers based on what is ideal for each business requirement.

For more risk management strategies related to cyber exposures, contact RISQ Consulting today.

By Jennifer Outcelt

If you follow the Vantage Point blog religiously (and you should), then you have certainly read another post of mine referencing the popular podcast Freakonomics Radio. Not only do I love this podcast for its ability to articulate complicated concepts in engaging ways, I also love how it makes me feel smarter and generally better than my counterparts. However, I am convinced this is a placebo effect because I am definitely neither of those things.

For this post, I’m excited to share a fantastic Freakonomics episode which I find to be inherently applicable to anyone who can classify themselves as human (unless you are an AI that has gained consciousness and is studying human weakness for an eventual overthrow, then I assume this classification applies to you).

As humans, we suck at planning, and it can all be attributed to this annoying tendency toward optimism. There is a researched fallacy called the Planning Fallacy, and it’s “a tendency to underestimate the time it will take to complete a project while knowing that similar projects have typically taken longer in the past. So it’s a combination of optimistic prediction about a particular case in the face of more general knowledge that would suggest otherwise.” Basically, this episode is all about the Planning Fallacy, Optimism Bias, and why everything we humans do takes longer, costs more, is more effort, and generally leaves us bewildered that our expectations were way off.

So, why don’t we learn from experience and get more realistic in our estimates? Click on the Freakonomics episode link below and listen (or read) to be enlightened! You can also find the Freakonomics Radio podcast on most podcast applications.

Here’s Why All Your Projects Are Always Late — and What to Do About It (Ep. 323)

This article is from RISQ Consulting’s MyWave Connect portal, a resource available to all RISQ Consulting clients. Please contact your Benefits Consultant or Account Executive for more information or for help setting up your own login.

Keeping your health care costs in check could be as simple as making the right choice when you need medical care. When you have an illness or suffer an injury, you understandably want to feel better fast, but making the wrong choice about where to receive care can cost you.

The average outpatient emergency room (ER) visit costs $1,917, according to the Health Care Cost Institute. This means that if you head to the ER when you don’t really need emergency care, your wallet is going to feel the pain.

Where Should I Go?

Sometimes, it can be difficult to know where to draw the line when it comes to choosing if you should go to the ER, urgent care or your primary doctor. Here are a few guidelines to help you know where to go next time you’re sick or injured.

Emergency Room

A visit to the ER is the most expensive type of outpatient care and should only occur if there is a true emergency, or a life-threatening illness or injury. Examples of conditions that should be addressed in the ER include, but aren’t limited to:

• Chest pain
• Shortness of breath
• Uncontrollable bleeding
• Poisoning or suspected poisoning

Urgent Care

Urgent care centers handle nonemergency conditions that require immediate attention—those for which delaying treatment could cause serious problems or discomfort. Sprains, ear infections and high fevers are conditions that can be treated in urgent care centers. Urgent care visits are less expensive than ER visits, but are typically more expensive than a visit to your primary care doctor.

Doctor’s Office

For most nonemergency illnesses or injuries, the best choice for medical care may be a visit to your primary care physician. Your regular doctor knows you best, has your medical history, and has the expertise to diagnose and treat most conditions. In addition, going to the doctor’s office is usually the most cost-effective option.

What’s Next?

Now that you’re aware of the differences between these types of health care facilities, next time you’re sick or hurt, you’ll be prepared to make the right decision for your health and wallet.   

By Casey Kirkeby

What if I told you that you could do something right now and it would have an immediate, long lasting, and positive effect on your brain? It could protect you from many diseases like Alzheimer’s or even Dementia. Sorry to burst your bubble but there is no magic pill for your brain, but I do have a bit of good news- there is a way to protect your brain and generate new brain cells at the same time! Exercise is the closest thing we have to a magic pill and according to neuroscientist, Wendy Suzuki (Clickable link to her webpage), exercise can actually help you remember more and for longer periods of time too.

After reading Wendy Suzuki ‘s article and listening to her top rated Ted Talk of 2018 (over 7.1 million views) about the brain-changing benefits of exercise, I realized that I have been feeling the listed effects after my workouts. “One reason exercise leads to a happier, healthier brain is because it promotes neurogenesis, or the birth of new brain cells, which helps improve cognitive function”, says Suzuki. I find myself having quicker reaction times: for example, catching a cup of coffee when it slips off a tabletop at Starbucks.

Another important aspect I’d like to mention is WHEN you exercise. Since reading Suzuki’s article, I’ve been working out early in the morning before work. Exercising first thing in the morning can produce a noticeable difference in your attention and ability to focus. “When do you want those growth factors in your brain working? You want them working when you get to work,” she stated.

In conclusion, find an interesting and fun workout facility and try a workout class in the morning. You’ll be exhausted at first but push through it and it will improve your whole outlook on life. We treat our cars and houses with care because it’s an investment, so why wouldn’t we treat our bodies with the same or better?

Learn more about how exercise can change your brain by checking out the following article and TED Talk-

https://www.fastcompany.com/3054847/can-exercise-really-make-you-grow-new-brain-cells

https://www.ted.com/talks/wendy_suzuki_the_brain_changing_benefits_of_exercise?referrer=playlist-the_most_popular_ted_talks_of_2018#t-491185

By Jennifer Outcelt

Just in the last year, our small company has welcomed four new bouncing babies. As you can imagine, everyone in the office has become very familiar with the maternity (and one paternity) leave drill by now. With the announcement of each new baby, our office was filled with celebration and the parent to be was treated with exceptional respect, support, and fairness. They were all given appropriate legal accommodations in addition to generous company provided perks. So, when I found out that I was pregnant with the 5^th baby within that 1 year, I knew that my company would have my back (and my growing front).

Unfortunately, that is not always the case for many women and men in the work place. There are many parents who are not granted their federally mandated rights during pregnancy, maternity leave, and their post-partum return to work. While expecting a new baby should bring you joy, preparing for a leave of absence often brings uncertainty and financial stress. It’s not necessarily that employers are out to rob you of your benefits, but that many employers do not know what they are required to provide and the employees have no idea what they are entitled to. This lack of understanding can leave both employers and employees at risk, albeit in different ways.

The best solution (and honestly the solution to most workplace situations) is awareness, education, and self-advocacy. I wanted to share some resources on maternity and family leave for both parties. Please take a moment to peruse the information and perhaps learn a bit more about employer and employee rights.

(Website with a great overview on workplace maternity rights)

https://fairygodboss.com/career-topics/maternity-leave-101-basic-things-you-should-know

(Broker Briefcase document on the Pregnancy Discrimination Act)

https://drive.google.com/open?id=1q-P7Qt2igq9Z66gTBNC-L6YbFJ91oW3h

(Broker Briefcase document on the Enforcement Guidance on Pregnancy Discrimination)

https://drive.google.com/openid=1vYBdIHkY0C2lL3UWxhrDnZ3p0YA48nuG

(Website with more resources from the DOL about workplace nursing rights)

https://www.dol.gov/whd/nursingmothers/

(US Equal Employment Opportunity Commission website about legal rights for pregnant workers)

https://www.eeoc.gov/eeoc/publications/pregnant_workers.cfm

By Tiffany Stock

Coming back to work after my third child really made me step back and evaluate if I had the elusive work-life balance. Taking a look at the definition provided by businessdictionary.com, work-life balance is defined as, “A comfortable state of equilibrium achieved between an employee’s primary priorities of their employment position and their private lifestyle.” The word equilibrium implies “equal” but is there really such a thing? One of my colleagues did an earlier post about work-life balance and some things you could try to help create that balance, click here if you’d like to check out that post. This post is much more about defining what work-life balance means to you (and to me) which is completely situational.

Depending on the industry you are in, your day-to-day can look very similar, but if it’s anything like mine, every day there is something new. A new piece of legislation or guidance that impacts my clients or the work I do, business changes that impact the benefits our clients provide, changes to our state budget that effect our client’s workforce, internal and employee scenarios, etc. –  there are so many variables – you pile that on to a personal life with a working husband and three adolescent children and all their interests, responsibilities and school-life… let’s just say every day is an adventure!

What I’ve learned over the last few years is that work-life balance looks different for everyone and can change from day-to-day. For me, work-life balance is not 9-5. I may have to put in a few extra hours to meet a deadline or attend an event that is important to me, my clients, or my company, but hopefully when that school performance pops-up in the middle of the day, or a doctor’s appointment is needed, I can take the time desired to focus on my family and the personal side of my life. Sometimes this means I put in some extra time after the kids go to bed, or on the weekends, so if you ever see an email from me late in the evening that may be just the reason!

Many articles talk about work-place stress being a big motivator for finding work-life balance, but what about personal stress? There are plenty of times that I can’t wait to get to work and pour myself into a project to task just to take my mind off that side of my life. Regardless, there is stress on both sides and I appreciate having both as an outlet to focus on when appropriate. One particular benefit that I have found very useful in the past, regardless of whether the issue was personal or work related, is an Employee Assistance Program, commonly referred to as an EAP. Many employers offer an EAP as part of their benefits package, usually in conjunction with an employer-sponsored life or disability plan, your major medical plan or in some cases employers offer this benefit all by itself.

An EAP is there to help you with work or personal issues, referral services, usually unlimited telephonic counseling and in most cases referrals to local providers if you need some face-to-face time. Most EAP’s offer services that focus on stress, work-place issues, family dilemmas, financial concerns, elder parent worries, legal guidance, will & trust services, etc. If you don’t know if your employer offers an EAP, please contact your HR Department. EAP services are typically free and confidential. In the market for a new job or career? Ask the prospective employer how they view work-life balance and how they help their employees achieve this. All I can say is thank goodness for friends and family because the saying is true, it really does take a village to raise a child! I am so very thankful for a supportive work environment, colleagues, friends and family as I work towards maintaining my own work-life balance and I wish you the best on your own journey as well.

For more information on obtaining an EAP for your organization, please contact our office. 

By Tiffany Stock

I was turned on to this newsletter by my colleague, Dave Adams. Nancy Proffitt, CEO of Proffitt Management Solutions, produces a blog/newsletter with content surrounding leadership, workplace culture, maximizing efficiency and so much more. I enjoy all of her posts but found this one from May of 2019 especially engaging. Leaders Build Unity has a lot of thought provoking ideas and questions to help give you that edge in creating a highly successful organization with low turnover, great employee morale and increased productivity which will lead to increased profitability. Please check it out and sign up for her mailing list if you find her information useful.

https://gallery.mailchimp.com/e028e44007fc806e15133a725/files/78c631b5-0a0e-4b12-97aa-3f345c7f7968/4May19Proffitt_Leaders_Build_Unity.pdf