The rules surrounding employment in the U.S. are a moving target. Companies must stay up-to-speed on the various regulations that may impact their operations. Photo via Getty Images

Failing to remain compliant with federal and state employment laws can be costly for businesses. Doing so can lead to audits or even lawsuits.

At the same time, keeping up to date with new human resource rules and regulations may seem like a significant task, especially for small businesses focused on maintaining sufficient staffing, making payroll, keeping the lights on and building a positive culture. Companies can prevent minor mistakes from snowballing into big problems by following these tips.

Recognize the most common HR compliance mistakes

There are a few HR compliance areas where companies big and small are prone to errors. One of the most common and costly mistakes can be the incorrect classification of employees. The rules can vary significantly for full-time, part-time and contract employees when it comes to areas like benefits coverage, tax responsibilities and employment status. Failures to submit required paperwork and noncompliance with state and federal safety regulations are other common problem areas. In addition to any local or state regulations related to employment, companies should also be familiar with the requirements of the Fair Labor Standards Act (FLSA), which establishes minimum wage, overtime pay, record keeping and youth employment standards, covering employees in the private sector and in federal, state and local governments.

Support Title VII compliance

Employers and employees should be well-versed when it comes to workplace discrimination and anti-harassment laws, but they don’t just apply to managers and staff. Title VII applies to discrimination and harassment from clients, vendors and even customers. Because discrimination and harassment are often thought of as “internal workplace issues,” many companies may not be aware that they can be held responsible for the actions of non-employees when the employer (or its agents or supervisory employees) knew or should have known of inappropriate conduct and failed to take immediate and appropriate corrective action. This is why employees should be well aware of the protections in place and understand the importance of reporting harassing conduct.

Know AI-related regulations as they intersect with employment best practices

Companies are increasingly using AI in a variety of helpful ways. For instance, many employ smart software solutions to match candidates to open positions. However, these technologies can also pose a risk as they quickly evolve, along with the laws that govern them. Some AI programs may demonstrate bias to certain individuals or groups and certain cities and states are enacting legislation to prevent these kinds of issues.

Understanding varying payroll requirements

Prior to 2020, remote work options were becoming an increasingly popular benefit. The pandemic led to this option's explosive, lasting expansion. Nowadays, employees can work from other states, other times zones and even from other countries. While this is an attractive benefit to offer - especially across the technology and software sectors - there are some regulations that companies should know about.

At the top of the list are payroll laws, which can vary significantly from state to state. Employees in other states may be subject to city or state minimum wage laws or pay frequency requirements that differ from the regulations where the company headquarters is based. Overtime regulations and payroll deductions may also vary. A contracted payroll provider can help address these issues. Still, if these functions are led internally, care should be taken to stay current with the evolving regulatory landscape across the U.S.

With so many areas where mistakes can be made, companies can avoid costly errors by obtaining outside help. An employment attorney can assist in identifying and eliminating risks before they arise. Another option for small and medium-sized businesses is partnering with a professional employer organization (PEO

The rules surrounding employment in the U.S. are a moving target. This is why companies must stay up-to-speed on the various regulations that may impact their operations and be prepared to adjust as needed.

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Fernanda Anzek is managing director of HR services with Insperity, a Houston-based provider of human resources and business performance solutions.

Small businesses need to factor in employee benefit options from day one — and this Houston expert has some tips. Photo via Getty Images

Houston wealth management adviser weighs in on benefit options as key for small business success

guest column

While Small Business Appreciation month has come to an end, my work in aiding small businesses achieve financial success is continuous.

In 2009, I began my career as a financial adviser recently co-founded Volante Integrated Planning, a Houston-based office of Northwestern Mutual focused on comprehensive financial planning and helping clients achieve financial freedom.

After years of working with business owners, and as a small business owner myself, I have learned the importance of offering benefits that help attract and retain talent, foster improved work habits and provide a foundation for growth. According to the annual SHRM employee benefit survey, health-related benefits and retirement plans were ranked the two most important benefits for employees. Whether you are a new small business owner or an established one, it is important to be aware of the benefit options available to you and the considerations that go into mapping out a benefits strategy.

1. Retirement plan options

The most common retirement plans available to small business owners are 401(k), simplified employee pension (SEP) IRA and savings incentive match plan for employees (SIMPLE) IRA. The SEP IRA and SIMPLE IRA provide employers the ability to save on a pre-tax basis. While there are some required contributions on behalf of any full-time employees, the SEP and SIMPLE IRA’s are often recommended for the self-employed or businesses with part-time or contract employees. The 401(k) also provides employers with a pre-tax savings opportunity and the ability to save on a Roth basis. Because a 401(k) requires additional administration and ongoing requirements, it is often a valuable tool for business owners who have more full-time employees.

2. Health care benefit options

According to the Affordable Care Act, companies with fewer than 50 employees are not required to provide health insurance. However, offering a competitive health insurance benefits package is an increasingly important strategy to help boost both new employee acquisition and retention. Following the global pandemic, health benefits have become increasingly important. According to a study by McKinsey & Company, 51 percent of employers now offer health care benefits to attract new employees with dental, vision, and short-term disability as the most important for job-seekers.

Not only are these benefits of importance to employees, they provide protection for business owners by ensuring good health and protection from illness-related lost productivity. Some health care benefits available to small business owners include health reimbursement accounts, where you make contributions to an account that can be used by employees to pay for individual health insurance policies acquired on their own. Consider hiring a broker, benefits consultant or financial adviser to help compare your options.

3. Life and disability insurance options

As a small business owner, you have a duty to your family, employees and business partners. It is often the unexpected that can derail the success of a business. To that extent, taking the steps to ensure you and your business are protected if you are unable to work is important. Disability insurance is a versatile product that can be used to protect you, as the owner, and your employees against loss of income due to the inability to work. Additionally, disability overhead coverage and disability buy-out insurance can protect the business and any business partners from an owner’s disability, ensuring that the business can still run smoothly. Life insurance is also important, and often required if seeking a business-related loan, to provide income replacement for your family and any business partners in the event of an owner’s death.

4. Get creative with your benefit options

The small business world is ever changing, which is why it is essential — and sometimes difficult — to keep up with benefit options. I encourage small business owners to get creative with their benefit options by exploring a professional employer organization (PEO) and a multiple employer welfare arrangement (MEWA). PEO is designed to help small businesses manage their administrative overhead, benefits and compliance duties. Through MEWA, small businesses are able to collaborate on group insurance benefits for a low cost. Lastly, if your family members contribute to your small business, make sure they are on the payroll and eligible for various benefits. This may allow you to increase the benefits your household takes home.

While creating a small business employee benefits plan can be tedious, it will take your small business to the next level. Consult in a CPA, business attorney, and financial adviser to help navigate what benefits are a good fit for you and your small business.

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Jennifer Steil is principal and wealth management adviser at Volante Integrated Planning, a private client group at Northwestern Mutual.

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Houston team develops low-cost device to treat infants with life-threatening birth defect

infant innovation

A team of engineers and pediatric surgeons led by Rice University’s Rice360 Institute for Global Health Technologies has developed a cost-effective treatment for infants born with gastroschisis, a congenital condition in which intestines and other organs are developed outside of the body.

The condition can be life-threatening in economically disadvantaged regions without access to equipment.

The Rice-developed device, known as SimpleSilo, is “simple, low-cost and locally manufacturable,” according to the university. It consists of a saline bag, oxygen tubing and a commercially available heat sealer, while mimicking the function of commercial silo bags, which are used in high-income countries to protect exposed organs and gently return them into the abdominal cavity gradually.

Generally, a single-use bag can cost between $200 and $300. The alternatives that exist lack structure and require surgical sewing. This is where the SimpleSilo comes in.

“We focused on keeping the design as simple and functional as possible, while still being affordable,” Vanshika Jhonsa said in a news release. “Our hope is that health care providers around the world can adapt the SimpleSilo to their local supplies and specific needs.”

The study was published in the Journal of Pediatric Surgery, and Jhonsa, its first author, also won the 2023 American Pediatric Surgical Association Innovation Award for the project. She is a recent Rice alumna and is currently a medical student at UTHealth Houston.

Bindi Naik-Mathuria, a pediatric surgeon at UTMB Health, served as the corresponding author of the study. Rice undergraduates Shreya Jindal and Shriya Shah, along with Mary Seifu Tirfie, a current Rice360 Global Health Fellow, also worked on the project.

In laboratory tests, the device demonstrated a fluid leakage rate of just 0.02 milliliters per hour, which is comparable to commercial silo bags, and it withstood repeated disinfection while maintaining its structure. In a simulated in vitro test using cow intestines and a mock abdominal wall, SimpleSilo achieved a 50 percent reduction of the intestines into the simulated cavity over three days, also matching the performance of commercial silo bags. The team plans to conduct a formal clinical trial in East Africa.

“Gastroschisis has one of the biggest survival gaps from high-resource settings to low-resource settings, but it doesn’t have to be this way,” Meaghan Bond, lecturer and senior design engineer at Rice360, added in the news release. “We believe the SimpleSilo can help close the survival gap by making treatment accessible and affordable, even in resource-limited settings.”

Oxy's $1.3B Texas carbon capture facility on track to​ launch this year

gearing up

Houston-based Occidental Petroleum is gearing up to start removing CO2 from the atmosphere at its $1.3 billion direct air capture (DAC) project in the Midland-Odessa area.

Vicki Hollub, president and CEO of Occidental, said during the company’s recent second-quarter earnings call that the Stratos project — being developed by carbon capture and sequestration subsidiary 1PointFive — is on track to begin capturing CO2 later this year.

“We are immensely proud of the achievements to date and the exceptional record of safety performance as we advance towards commercial startup,” Hollub said of Stratos.

Carbon dioxide captured by Stratos will be stored underground or be used for enhanced oil recovery.

Oxy says Stratos is the world’s largest DAC facility. It’s designed to pull 500,000 metric tons of carbon dioxide from the air and either store it underground or use it for enhanced oil recovery. Enhanced oil recovery extracts oil from unproductive reservoirs.

Most of the carbon credits that’ll be generated by Stratos through 2030 have already been sold to organizations such as Airbus, AT&T, All Nippon Airways, Amazon, the Houston Astros, the Houston Texans, JPMorgan, Microsoft, Palo Alto Networks and TD Bank.

The infrastructure business of investment manager BlackRock has pumped $550 million into Stratos through a joint venture with 1PointFive.

As it gears up to kick off operations at Stratos, Occidental is also in talks with XRG, the energy investment arm of the United Arab Emirates-owned Abu Dhabi National Oil Co., to form a joint venture for the development of a DAC facility in South Texas. Occidental has been awarded up to $650 million from the U.S. Department of Energy to build the South Texas DAC hub.

The South Texas project, to be located on the storied King Ranch, will be close to industrial facilities and energy infrastructure along the Gulf Coast. Initially, the roughly 165-square-mile site is expected to capture 500,000 metric tons of carbon dioxide per year, with the potential to store up to 3 billion metric tons of CO2 per year.

“We believe that carbon capture and DAC, in particular, will be instrumental in shaping the future energy landscape,” Hollub said.

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This article originally appeared on our sister site, EnergyCapitalHTX.com.