Synergisity offers a wide range of services to support your business. From audits with recommendations to complete program development and staff training, Synergisity aims to support your business in the manner that best fits your needs. What is your pain? Synergisity’s goal is to uncomplicate the process and ease your pain by providing services customized to your business
HR Services
Policies require updating or development as new situations or laws present themselves, and generally not during a convenient time to update the policy handbook. Up-to-date policies are crucial in keeping employees informed and providing the employer a defense for any employee claims.
Policies may be revised or developed to meet the needs of the business, communicated to employees noting an effective date, and easily inserted in the next policy handbook revision. Guidelines can change rapidly; world events can create the need for additional policies. Considering the constantly changing employment climate, it is a best practice to review and update your policies annually.
Contact Synergisity today to learn more about policy development services.
Policies may be revised or developed to meet the needs of the business, communicated to employees noting an effective date, and easily inserted in the next policy handbook revision. Guidelines can change rapidly; world events can create the need for additional policies. Considering the constantly changing employment climate, it is a best practice to review and update your policies annually.
Contact Synergisity today to learn more about policy development services.
Developing a market-based structure will aid your organization in staying fair and consistent when making compensation decisions and can ultimately protect your organization from discrimination claims. Salary surveys help your organization stay competitive. Developing structured salary schedules that are classified and adjust according to experience, guide an organization in making sound decisions to provide merit increases and market adjustments while treating every employee equally.
Utilizing external market data, new hire and existing employee compensation decisions will provide objective criteria and avoid subjective decisions which can lead to harassment and discrimination claims. A current salary survey will provide the required data your organization needs to identify its position within your surrounding marketplace. Therefore, your organization can establish the right mix for competitive base pay and make informed decisions on other incentives that may be necessary to recruit and retain quality staff.
Contact Synergisity today to see how a salary survey and structured salary schedule can help your business.
Utilizing external market data, new hire and existing employee compensation decisions will provide objective criteria and avoid subjective decisions which can lead to harassment and discrimination claims. A current salary survey will provide the required data your organization needs to identify its position within your surrounding marketplace. Therefore, your organization can establish the right mix for competitive base pay and make informed decisions on other incentives that may be necessary to recruit and retain quality staff.
Contact Synergisity today to see how a salary survey and structured salary schedule can help your business.
No one expects to be audited. Are you ready if a Department of Labor (“DOL”), Immigration and Customs Enforcement (“ICE”) or other governmental compliance agency auditor comes knocking on your door? Are you able to readily produce all the requested documents, sometimes in as little as three days? Do you know that owners of a business, working for the business and taking a salary or other compensation is required to have a Form I-9 on file? Missteps with DOL postings, recordkeeping, and ICE compliance can result in costly penalties to your business. This concern is not just for the large employers. Small and large businesses alike are experiencing increased investigation efforts in recent years. Experts speculate that DOL and ICE will increase investigations with a new fervor once the Covid-19 threat diminishes in 2021.
An internal compliance audit plays a key role in establishing a good-faith defense in the event of an official audit. It is not unusual for even the most conscientious employer to make mistakes that can cost thousands of dollars of back pay or fines in the event of an audit. Did you know that fines for failing to have required postings can range from $110 up to $17,000, depending on the missing posting?
The Department of Labors’ Wage and Hour Division (“WHD”) has focused efforts on enforcement and audits, especially in lower paying industries. A very common misstep identified during a WHD investigation is misclassification of exempt staff and failure to pay overtime. According to the most recent statistics available, in fiscal year 2020, the WHD averaged back pay in the amount of $706,000 per day or an average of $1,125 per employee per day for overtime violations and misclassification of salary exempt staff. Immigration and Customs Enforcement (“ICE”) has elevated their I-9 investigations over 340% in the past several years, and workplace enforcement has nearly quadrupled in an effort to create a culture of compliance among employers. Violations cited by WHD can range from $2,014 per person per occurrence, with some violations as high as $10,000. Violations of required postings range from $110 up to $17,000. ICE violations involving I-9 errors or oversights can be as high as $2,292 per violation.
The WHD also enforces FMLA and the OSH Act, and they are likely to look into all compliance when auditing. An audit can be triggered simply by an employee complaint regarding pay or leave administration. An internal compliance audit can establish a good-faith defense and allow remediation of issues discovered prior to an agency audit and without the pressure of an official audit. A good-faith defense can help you avoid fines for willful or deliberate actions, as long as any deficiencies are corrected.
Contact Synergisity today to learn more about reducing your business’s financial risk due to non-compliance.
An internal compliance audit plays a key role in establishing a good-faith defense in the event of an official audit. It is not unusual for even the most conscientious employer to make mistakes that can cost thousands of dollars of back pay or fines in the event of an audit. Did you know that fines for failing to have required postings can range from $110 up to $17,000, depending on the missing posting?
The Department of Labors’ Wage and Hour Division (“WHD”) has focused efforts on enforcement and audits, especially in lower paying industries. A very common misstep identified during a WHD investigation is misclassification of exempt staff and failure to pay overtime. According to the most recent statistics available, in fiscal year 2020, the WHD averaged back pay in the amount of $706,000 per day or an average of $1,125 per employee per day for overtime violations and misclassification of salary exempt staff. Immigration and Customs Enforcement (“ICE”) has elevated their I-9 investigations over 340% in the past several years, and workplace enforcement has nearly quadrupled in an effort to create a culture of compliance among employers. Violations cited by WHD can range from $2,014 per person per occurrence, with some violations as high as $10,000. Violations of required postings range from $110 up to $17,000. ICE violations involving I-9 errors or oversights can be as high as $2,292 per violation.
The WHD also enforces FMLA and the OSH Act, and they are likely to look into all compliance when auditing. An audit can be triggered simply by an employee complaint regarding pay or leave administration. An internal compliance audit can establish a good-faith defense and allow remediation of issues discovered prior to an agency audit and without the pressure of an official audit. A good-faith defense can help you avoid fines for willful or deliberate actions, as long as any deficiencies are corrected.
Contact Synergisity today to learn more about reducing your business’s financial risk due to non-compliance.
Job descriptions play an important role in organizational effectiveness and performance. Four crucial areas a job description supports include supporting employee performance evaluations, providing a defense to Wage and Hour Division (“WHD”) for employees classified as salary exempt, providing guidelines for essential duties to readily establish if a disabled individual can or cannot perform the essential functions, setting clear guidelines to applicants and allowing the employer to choose a qualified applicant.
A well-written, Americans with Disabilities Act Amendments Act (“ADAAA”)-compliant job description can easily support poor performance evaluations, corrective actions for poor performance, and be a defensible guide for the ADAAA dialogues that must happen when an employee requests an accommodation.
Job descriptions provide the same financial defense as an employee handbook for wrongful termination or discrimination claims. An organization can be fined up to $75,000 for their first ADAAA violation and $150,000 for any subsequent violation. ADAAA-related lawsuits cost an employer more than fines, especially when negligence and/or harm can be proven. An ADAAA compliant job description and supporting personnel policy offer a great basis to defend any claims. Planning ahead with solid policy and ADAAA-compliant job descriptions is the only way to mitigate and avoid the negative consequences of failing to meet ADAAA standards.
Contact Synergisity today to develop or revise your job descriptions.
A well-written, Americans with Disabilities Act Amendments Act (“ADAAA”)-compliant job description can easily support poor performance evaluations, corrective actions for poor performance, and be a defensible guide for the ADAAA dialogues that must happen when an employee requests an accommodation.
Job descriptions provide the same financial defense as an employee handbook for wrongful termination or discrimination claims. An organization can be fined up to $75,000 for their first ADAAA violation and $150,000 for any subsequent violation. ADAAA-related lawsuits cost an employer more than fines, especially when negligence and/or harm can be proven. An ADAAA compliant job description and supporting personnel policy offer a great basis to defend any claims. Planning ahead with solid policy and ADAAA-compliant job descriptions is the only way to mitigate and avoid the negative consequences of failing to meet ADAAA standards.
Contact Synergisity today to develop or revise your job descriptions.
It is vital for all managers and supervisors to understand Family Medical Leave Act (“FMLA”) and how to comply with the business’s internal policy, while enforcing the employer’s procedures uniformly for all types of leave. The FMLA affords employers options on how to administer the leave. FMLA is unpaid leave and does not require the employer to pay the employee for time off. However, employers may require employees to use any paid leave (sick leave, paid time off, etc.) that they may have earned as part of their FMLA leave. Eligible employees may qualify for up to 12-weeks of FMLA leave and to be reinstated to the same or an equivalent position upon the conclusion of FMLA leave. Employees qualifying for military exigencies may qualify for up to 26 weeks. FMLA administration involves many cumbersome requirements for the employer to adhere to and track.
The FMLA contains very specific recordkeeping requirements under the Act and the requirements of the Fair Labor Standards Act (FLSA). Employers must keep the required records for no less than three years. The records need to be made available for inspection by the Department of Labor upon request.
The employer is responsible for communicating the availability of FMLA leave and how to request the protections afforded by FMLA, and all FMLA notifications must adhere to strict time guidelines. The employer is required to point out FMLA in their personnel handbook and ensure an FMLA posting explaining the employee rights and responsibilities are posted. This posting must be displayed in an area frequented by employees.
The employer is required to provide notices to an employee when the employer is made aware of potential need for FMLA. If an employee has not expressly requested FMLA leave and the employer is made aware of a potential FMLA qualifying factor, it is the employer’s responsibility initiate the process for FMLA leave. Information from the employee or from his/her representative may prompt the employer to initiate the FMLA process.
An employer’s failure to provide notice or designate an absence as FMLA leave that causes harm to the employee may be deemed a denial of the employee’s FMLA rights. Denial of an employee’s rights may lead to liability for compensation and benefits along with other relief to the employee. In addition to any relief to the employee, the employer may be subject to penalties and fines from hundreds to thousands of dollars.
Contact Synergisity today for guidance or to review your FMLA administration and recordkeeping.
The FMLA contains very specific recordkeeping requirements under the Act and the requirements of the Fair Labor Standards Act (FLSA). Employers must keep the required records for no less than three years. The records need to be made available for inspection by the Department of Labor upon request.
The employer is responsible for communicating the availability of FMLA leave and how to request the protections afforded by FMLA, and all FMLA notifications must adhere to strict time guidelines. The employer is required to point out FMLA in their personnel handbook and ensure an FMLA posting explaining the employee rights and responsibilities are posted. This posting must be displayed in an area frequented by employees.
The employer is required to provide notices to an employee when the employer is made aware of potential need for FMLA. If an employee has not expressly requested FMLA leave and the employer is made aware of a potential FMLA qualifying factor, it is the employer’s responsibility initiate the process for FMLA leave. Information from the employee or from his/her representative may prompt the employer to initiate the FMLA process.
An employer’s failure to provide notice or designate an absence as FMLA leave that causes harm to the employee may be deemed a denial of the employee’s FMLA rights. Denial of an employee’s rights may lead to liability for compensation and benefits along with other relief to the employee. In addition to any relief to the employee, the employer may be subject to penalties and fines from hundreds to thousands of dollars.
Contact Synergisity today for guidance or to review your FMLA administration and recordkeeping.
The Americans with Disabilities Act Amendment Act of 2008 (“ADAAA”) is a civil rights law that aims to provide individuals with disabilities the same rights and opportunities as any other person. ADAAA protects individuals with disabilities from discrimination in the workplace.
The ADAAA defines the term "disability" as a physical or mental impairment that substantially limits one or more major life activities; a record (or past history) of such an impairment; or being regarded as having a disability. Special note needs to be given to the term “regarded as”. As an employer, you may offer small accommodations to an employee due to a request from an employee or because they are perceived to have a disability, and then unknowingly create a “regarded as” status. There is a best practice record keeping process including a dialogue with the employee when any accommodation is requested. Failure to document any accommodations, dialogue with the employee and determination of a reasonable or unreasonable accommodation, can lead to future discrimination claims and make defending any charges difficult.
Policy handbooks and job descriptions which include essential duties and physical requirements are key to setting up an employer’s procedure and defense of any claims. Further, a solid procedure, job description and documentation can offer defense against discrimination should it be necessary to deliver a poor performance evaluation or any corrective actions for poor performance.
Civil monetary penalties assessed or enforced by the Civil Rights Division can be as high as $75,000 for a first offense.
Contact Synergisity today to review or develop your ADAAA practices and recordkeeping.
The ADAAA defines the term "disability" as a physical or mental impairment that substantially limits one or more major life activities; a record (or past history) of such an impairment; or being regarded as having a disability. Special note needs to be given to the term “regarded as”. As an employer, you may offer small accommodations to an employee due to a request from an employee or because they are perceived to have a disability, and then unknowingly create a “regarded as” status. There is a best practice record keeping process including a dialogue with the employee when any accommodation is requested. Failure to document any accommodations, dialogue with the employee and determination of a reasonable or unreasonable accommodation, can lead to future discrimination claims and make defending any charges difficult.
Policy handbooks and job descriptions which include essential duties and physical requirements are key to setting up an employer’s procedure and defense of any claims. Further, a solid procedure, job description and documentation can offer defense against discrimination should it be necessary to deliver a poor performance evaluation or any corrective actions for poor performance.
Civil monetary penalties assessed or enforced by the Civil Rights Division can be as high as $75,000 for a first offense.
Contact Synergisity today to review or develop your ADAAA practices and recordkeeping.
First and foremost, corrective actions provide the opportunity to coach employees to success by affording them notice their performance is not up to par and what is expected of them. As a general rule, most employees want to a great job. Unfortunately, every employer is faced with discipline and termination at some point.
Following a fair and equal progressive discipline process offers employees the opportunity to improve and provides a paper trail to defend any potential unemployment or wrongful termination charges. Up-to-date policies, code of conduct, and a standardized progressive discipline process and forms will simplify this process. Additionally, it gives a solid base to defending claims.
Contact Synergisity today to develop or improve your discipline and documentation practices.
Following a fair and equal progressive discipline process offers employees the opportunity to improve and provides a paper trail to defend any potential unemployment or wrongful termination charges. Up-to-date policies, code of conduct, and a standardized progressive discipline process and forms will simplify this process. Additionally, it gives a solid base to defending claims.
Contact Synergisity today to develop or improve your discipline and documentation practices.
Many states will not approve unemployment to employees that have been terminated for cause. Any unemployment claim paid out increases a business’s costs over the long term. By not properly defending or ignoring unemployment claims, a business can experience unnecessary costs long term, thereby reducing their bottom line.
Albeit, the inconvenience of following up and defending unemployment claims makes it easy to just ignore them and pay the premiums. However, it is genuinely in the business’s best interest to set up procedures to consistently defend unemployment claims. An average claim can increase an employer’s premium from $4000-$7000. Not winning against claims can add tens of thousands of dollars in costs over the course of a year.
To repeat the old cliché, “If it is not documented, it did not happen”. The importance of quality documentation, backed by policy and examples of performance cannot be stressed strongly enough. The most common mistake employers make is ignoring and not addressing the problem employee, including on their glowing performance evaluation. Then one day, the employee is surprised by an abrupt termination. By having a process in place and documenting as discipline progresses, the employee has ample opportunity to improve and the employer has a solid defense for any claims brought forth by the employee.
Contact Synergisity today to learn more about reducing your unemployment claim costs.
Albeit, the inconvenience of following up and defending unemployment claims makes it easy to just ignore them and pay the premiums. However, it is genuinely in the business’s best interest to set up procedures to consistently defend unemployment claims. An average claim can increase an employer’s premium from $4000-$7000. Not winning against claims can add tens of thousands of dollars in costs over the course of a year.
To repeat the old cliché, “If it is not documented, it did not happen”. The importance of quality documentation, backed by policy and examples of performance cannot be stressed strongly enough. The most common mistake employers make is ignoring and not addressing the problem employee, including on their glowing performance evaluation. Then one day, the employee is surprised by an abrupt termination. By having a process in place and documenting as discipline progresses, the employee has ample opportunity to improve and the employer has a solid defense for any claims brought forth by the employee.
Contact Synergisity today to learn more about reducing your unemployment claim costs.
It is a best practice to only conduct background checks after a conditional offer of employment has been extended, and must be authorized by a written release signed by the employee. To avoid challenges from the candidate, it is recommended that any required background screens be indicated and acknowledged on the application.
Background screens on candidates with a less than perfect record are not an automatic rescind of a conditional offer. Candidates are protected by the EEOC and have rights pursuant to the Fair Credit Reporting Act (“FCRA”) that must be considered prior to rescinding an offer. To best protect the business’s interest, it is strongly recommended to use a reputable background screening agency. Utilizing a background screening firm ensures you will have the current required authorization forms; disclosure forms appropriate for your location; and the current FCRA pre-adverse action and adverse action notices.
It is further recommended to ensure a candidate’s background screen is completed and satisfactory before allowing them to begin work. When conducting background screens, know which convictions eliminate a candidate’s eligibility and that the elimination is necessary for customer’s and employee’s security. Avoid requiring 100% clean backgrounds unless you are able to justify this requirement as essential and is not discrimination according to the EEOC.
To avoid discrimination complaints based on background requirements, it is a best practice to establish minimum time frames from convictions and level of the charge and be consistent in the administration of the guidelines. For complicated histories, the FCRA requires the charges be investigated, the candidate given an opportunity to dispute and the appropriate adverse action letters be provided to the candidate.
For tribal entities, Synergisity has the knowledge base and ability to assist with guidelines for adjudicating backgrounds in accordance with the Indian Child and Family Violence Protection Act, 25 CFR 63, PL101-630 and PL 101-657.
Contact Synergisity today to learn more about best practices and background screening.
Background screens on candidates with a less than perfect record are not an automatic rescind of a conditional offer. Candidates are protected by the EEOC and have rights pursuant to the Fair Credit Reporting Act (“FCRA”) that must be considered prior to rescinding an offer. To best protect the business’s interest, it is strongly recommended to use a reputable background screening agency. Utilizing a background screening firm ensures you will have the current required authorization forms; disclosure forms appropriate for your location; and the current FCRA pre-adverse action and adverse action notices.
It is further recommended to ensure a candidate’s background screen is completed and satisfactory before allowing them to begin work. When conducting background screens, know which convictions eliminate a candidate’s eligibility and that the elimination is necessary for customer’s and employee’s security. Avoid requiring 100% clean backgrounds unless you are able to justify this requirement as essential and is not discrimination according to the EEOC.
To avoid discrimination complaints based on background requirements, it is a best practice to establish minimum time frames from convictions and level of the charge and be consistent in the administration of the guidelines. For complicated histories, the FCRA requires the charges be investigated, the candidate given an opportunity to dispute and the appropriate adverse action letters be provided to the candidate.
For tribal entities, Synergisity has the knowledge base and ability to assist with guidelines for adjudicating backgrounds in accordance with the Indian Child and Family Violence Protection Act, 25 CFR 63, PL101-630 and PL 101-657.
Contact Synergisity today to learn more about best practices and background screening.
A great onboarding experience leads to better retention, builds trust and guides the new hire to become invested in the organization. Onboarding can be a positive experience generating excitement and encouraging engagement of the new hire. Rather than drowning a new hire in endless paperwork on their first day, the onboarding can be broken into segments building up to an enthusiastic welcome on their first day of scheduled work.
Reach out with a welcome to the new hire and offer a packet to complete the required payroll and compliance paperwork prior to starting. This step ensures completion of all necessary compliance paper work and demonstrates organization and commitment of the employer.
On the day the new hire starts, great them with a warm welcome, business cards, computer access, and any other necessary items they need to be productive. Establish an agenda to introduce the new hire to their team members, establish clear expectations, and promote the organization’s culture.
A well-established onboarding is a great investment of time and energy. Building trust in the new hire and setting them up for success is a win-win for both the new hire and the organization.
Contact Synergisity today to learn more about the benefits of or to establish an effective onboarding experience.
Reach out with a welcome to the new hire and offer a packet to complete the required payroll and compliance paperwork prior to starting. This step ensures completion of all necessary compliance paper work and demonstrates organization and commitment of the employer.
On the day the new hire starts, great them with a warm welcome, business cards, computer access, and any other necessary items they need to be productive. Establish an agenda to introduce the new hire to their team members, establish clear expectations, and promote the organization’s culture.
A well-established onboarding is a great investment of time and energy. Building trust in the new hire and setting them up for success is a win-win for both the new hire and the organization.
Contact Synergisity today to learn more about the benefits of or to establish an effective onboarding experience.
Harassment complaints, workplace violence, incident investigations, and other workplace complaints can be difficult for employers or their managers to complete in an un-biased manner. Any hint showing lack of impartiality in the investigative reports or resulting consequences can give an appearance of a flawed investigation.
In the event of a claim from an employee regarding the results of the investigation, it is important to keep in mind any investigatory notes or reports may be reviewed by an outside party, such as an unemployment case worker, judge, etc.
Contact Synergisity today to learn more or schedule an internal investigation at your organization.
In the event of a claim from an employee regarding the results of the investigation, it is important to keep in mind any investigatory notes or reports may be reviewed by an outside party, such as an unemployment case worker, judge, etc.
Contact Synergisity today to learn more or schedule an internal investigation at your organization.
Proper and regular staff training is an employer’s first line of defense. Regular training is necessary to ensure employees are aware, and reeducation improves compliance results plus fosters good faith efforts. In the event of a workplace incident or complaint, documentation of training provides a basis for defense. Discrimination and harassment, diversity, safety awareness and hazardous communication (Safety Data Sheets) training should be completed annually.
In addition to regular annual training, Synergisity offers training for effective performance evaluations, coaching for success, documentation, drug awareness, accident investigations and conflict resolution.
Contact Synergisity today to learn more about available training to support your business’s needs.
In addition to regular annual training, Synergisity offers training for effective performance evaluations, coaching for success, documentation, drug awareness, accident investigations and conflict resolution.
Contact Synergisity today to learn more about available training to support your business’s needs.