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 urban agricultural nonprofit gears up for opening of new farm in Second Ward

GROWING FOR GOOD

Small Places, a Houston-based urban agricultural nonprofit, is looking forward to putting down roots beyond the fresh vegetables they grow in the East End.

After securing a 40-year land agreement with Harris County, the organization, which provides produce to families facing food insecurity in the Second Ward, is expecting to open their new farm in February 2025. Small Places’ founders hope the 1.5 acres of land named Finca Tres Robles, located at 5715 Canal Street, will be the beginning of Houston’s urban farming movement.

Founded in 2014 by brothers Daniel, Mark, and Thomas Garcia-Prats, Small Places was born out of the latter brother’s desire to work on an organic farm in his hometown of Houston. After farming in Maine, Iowa, and Nicaragua, Thomas had hoped to manage an urban farm but was unable to find a place. He then roped his brothers, who had no agricultural background at the time, into creating one.

“I joke that my journey in agriculture started the day we started out there. We didn’t grow up gardening or farming or anything of the sort,” says Daniel, Small Places’ director of operations. “It was a big learning curve, but how we approached it to our benefit was through our diverse set of backgrounds.”

Small Places began their need-based produce distribution programs through a partnership with nearby pre-school, Ninfa Lorenzo Early Childhood Center, providing food insecure families with fresh produce and later cooking lessons in 2017. When COVID-19 hit Houston in 2020, Daniel says Small Places pivoted towards becoming a redistribution center for their farming contacts who needed to offload produce as restaurants shut down, selling their crops through the organization. Their neighborhood produce program was then born, providing free boxes of produce to nearly 200 families in the East End at the pandemic’s peak.

“We found ourselves in the middle of two communities who were in need, one being people in our community who were losing jobs and were in need of food as well as our farming connections who were losing restaurant accounts,” Daniel explains.

Small Places grows a variety of vegetables at their East End based farm, selling them at a weekly farm stand. (Photo courtesy Small Places)Small Places grows a variety of vegetables at their East End based farm, selling them at a weekly farm stand. (Photo courtesy Small Places)

Small Places currently assists 65 families living predominantly within two miles of their original location and they recently restarted their programming with Ninfa Lorenzo Early Childhood Center, and accepts Supplemental Nutrition Assistance Program benefits (SNAP) at their farm stand. Daniel says once Finca Tres Robles opens, Small Places plans to bring back cooking classes and educational seminars on healthy eating for which his brother Mark, a former teacher, created the original curriculum. The farm will also have a grocery store stocked with Finca Tres Robles' produce and eventually food staples from local vendors.

“Being social and preparing a meal can be fun, interesting, and delicious. Being able to pull all of that into a program was really important for us,” Daniel explains.

Farming successfully in the middle of Houston for their subsidized programs and produce market requires Small Places’ team to be strategic in their operations. Using his background in engineering and manufacturing, Daniel says they’ve closely monitored trends in which crops perform the best in Houston’s varied, humid climate over the past decade.

They also follow Thomas’s philosophy of allowing nature to work for them, planting crops at times when specific pests are minimal or integrating natural predators into their environment. And lots of composting. Daniel says they accept compostable materials from community members, before burying the raw organic matter in the earth in between their plant beds, allowing it to mature, then later using it to nourish their crops. Daniel says he and his co-founders hope to see more community-focused, sustainable operations like theirs spring up across Houston.

“Small Places is about hopefully more than one farm and really trying to turn urban agriculture and a farm like ours from a novel thing into something that’s just a part of communities and the fabric of Houston for generations to come,” Daniel says.

Houston female-focused health tech accelerator names top companies at annual event

you go girls

A Houston organization that accelerates and supports female founders leading innovative health tech startups has concluded its 2024 program with the announcement of this year's top companies.

Ignite Health, an accelerator founded in 2017 by longtime Houston health care professional Ayse McCracken, named its 2024 winners at its annual Fire Pitch Competition in Houston last month. The companies pitched health tech solutions across lung health, renal therapy, breastfeeding tech, and more.

"This year’s competition was a culmination of passion, innovation, and hard work from the top startups in our 2024 Accelerator Program," reads a LinkedIn post from Ignite. "These trailblazing founders earned their spot on the stage by demonstrating exceptional leadership and the potential to revolutionize the healthcare industry with their solutions and devices."

First place winner was Sarah Lee, CEO and co-founder of Relavo, a New York-based company that's making home dialysis more effective, safer, and more affordable. Lee accepted awards from Johnson & Johnson and Wilson Sonsini Goodrich & Rosati.

Therese Canares, CEO and founder of CurieDx, took second place and won its awards from SWPDC - Southwest National Pediatric Device Innovation Consortium and Wilson Sonsini. CurieDx, based in Baltimore, Maryland, is creating remote diagnostic tools using smartphone technology.

In third place is Andrea Ippolito, CEO and founder of SimpliFed, a company focused on democratizing access to baby feeding and breastfeeding services through virtual care that's covered by insurance. The startup won awards from Texas Children's Hospital and Wilson Sonsini Goodrich & Rosati.

Three other finalists won other awards, including:

  • Kadambari Beelwar, CEO and co-founder, Henderson, Nevada-based Truss Health, which created an AI-powered sensor fusion platform that's designed to detect early signs of infection, won an award presented by Memorial Hermann Health System and Golden Seeds
  • Mimi Gendreau Kigawa, CEO and co-founder of New York-based Zeph Technologies, an AI-lung care company with technology for clinicians to deliver pulmonary care to patients with chronic respiratory disease, won an award presented by CU Innovations and Houston Methodist
  • Ashley Yesayan, CEO and co-founder, New York-based OneVillage, a software platform meant to support patients and family members through trying health events, won an award presented by CU Innovations

The companies were evaluated by the 2024 judges, which included: Allison Rhines, head of JLABS Houston; Andrew Truscott, global health technology lead at Accenture; Angela Shippy, senior physician executive at Amazon Web Services; Kimberly Muller, executive director of CU Innovations at University of Colorado Anschutz Medical Campus; Myra Davis, chief innovation and information officer at Texas Children's Hospital; and Winjie Tang Miao, senior executive vice president and COO of Texas Health Resources.

Houston expert: Balancing flexibility, accountability, and performance in a hybrid world

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Amazon, Salesforce, and Nike are just a few companies making headlines in 2024 for requiring employees to return to the office.

At the same time, technology is evolving, automation and efficiency gains are taking center stage, and employees continue to seek greater flexibility. This has fueled the debate around the future of where work gets done in 2025 and beyond.

Proponents of a remote or hybrid work model believe it leads to increased employee productivity, higher job satisfaction, and access to a larger talent pool. Detractors have a different viewpoint – suggesting employee isolation is greater, cyber security concerns are more complex to manage, and it’s hard to accurately evaluate employee performance.

So, what’s the answer?

The future of work lies in harnessing the power of the employer/employee relationship. This involves establishing clear guidelines for what working “looks like” inside and outside the company, measuring performance tied to company goals, and holding leaders and employees accountable for how these interactions occur.

A remote work policy helps establish clear guidelines. For example, should business cameras be on for all meetings? What is considered an acceptable business casual dress code? Can pets be on screen? Addressing the issues around a remote workspace, how to interact during a meeting, and what to wear helps to define company expectations and how you would like your business to be represented.

Formal performance management tools and processes have been in place for decades. While an annual event is important, encouraging managers and employees to have regular and structured performance conversations and share transparent feedback (regardless of where they work) helps you celebrate what’s exceptionally good, acknowledge what’s on track, and quickly course correct when needed.

Accountability in the remote work environment goes both ways, and leaders must model the behaviors they expect from employees. When the rule is cameras on, that means everyone, regardless of their title. When you’ve established working hours, be available to take the call or respond to the Teams chat within a reasonable timeframe. And when you need to be away from work, set expectations for when and how to reach you.

So, where is the best place to start when updating or establishing guidelines? First, review your key business objectives and work out what’s required to support the successful achievement of those goals. Design your remote and/or hybrid model around those objectives and place employees at the forefront of that design.

If you think about it, it’s no different than being in the office. You expect your employees and managers to show up, be fully present, and hold themselves accountable. That should be the expectation no matter where you “sit.”

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Michelle Mikesell is the chief people officer at Houston-based G&A Partners.