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2018 National Small Business
Compliance Pulse Survey:
Small Businesses Weigh In on Top Employment
Law Concerns and Challenges
Jaime Lizotte
HR Solutions Manager,
ComplyRight, Inc.
July 2018
Carl Hendrickson
President,
Market Measurement, Inc.
Welcome!
 If you’re having audio difficulty, message us using
the chat feature, and we’ll do our best to help.
 For any questions pertaining to the webinar
topic, please use the chat feature to submit
your questions.
 All participants will receive a link to the webinar
in a follow-up email.
What We’ll Cover
 Methodology
 How small businesses are challenged by employment laws
 How small businesses feel prepared to deal with an investigation or
legal action
 Where small businesses get their information on employment laws
 Top HR compliance concerns among businesses with fewer than
100 employees
 The current level of HR technology adoption among small
businesses
 What small businesses don’t include (but should) in their employee
policy handbooks
 Action plan on how to use this data in your small business
Methodology
 Telephone survey among “those responsible
for employee recordkeeping and HR tasks”
 Owner/CEO
 General Manager
 Office Manager
 HR Manager
Methodology
 All participating companies have between 5 –
100 employees
 Highly accurate and “projectable” data from
scientifically developed pure random sample
 300 completed interviews
 Studies conducted in May 2017 and April 2018
Key Finding #1
Small businesses see benefits from
employment laws, but face
challenges due to increasing
complexity.
 73% consider labor laws to be necessary for
employers
 71% believe these laws are becoming
increasingly complex
 42% indicate labor laws “require too much
of my time”
Significant
increase in 2018
Percent who “agree” with statements about labor laws
Compared to total participants, Owners/CEOs are
measurably more concerned about the:
 Time required to comply with labor laws
 (Owners/CEOs – 55% vs. Total participants – 42%)
 Negative impact on business growth
 (Owners/CEOs – 39% vs. Total participants – 24%)
Additionally, only 44% of Owners/CEOs are convinced HR
employment laws benefit employees compared to 31% of
total participants.
Key Finding #2
Employers lack full understanding
of employment laws, yet many still
feel prepared for legal action and
investigations.
When it comes to regulations impacting their
businesses, less than half of respondents are
“very confident” they are fully aware of all:
 Federal laws (45%)
 State laws (48%)
 Local laws (49%)
Proportion of total respondents fully aware of employment
laws/regulations at various government levels
Despite lacking full confidence in their awareness of
labor laws:
 64% of total respondents are “very confident” they
are well-prepared to handle an investigation or legal
action
 52% of owners/CEOs report being “very confident”
they are well prepared
One out of 25 small businesses report they have
faced a investigation, lawsuit or fines in the past.
Vulnerable to legal actions, fines, etc.?
Key Finding #3
Many small businesses turn to less-
than-reliable sources for labor law
information.
 78% say they rely on written notifications
from federal and state agencies – yet the vast
majority don’t provide such information
 69% rely on friends and colleagues for advice
on HR compliance topics
 60% rely on accountants, lawyers or other
business advisors who typically have limited
knowledge of HR employment regulations
Key Finding #4
Small businesses have a diverse
mix of employment law concerns
and risks.
The study found that 58% of small businesses are
concerned about conflicting federal, state and local
regulations. Additionally:
 55% are concerned about new limitations on
questions they can – and can’t – ask job candidates
 52% worry about expanded requirements for paid
medical leave
 51% are concerned about new tax reporting
requirements, such as the Affordable Care Act
Lesser, yet still significant, issues include:
 The potential for employee lawsuits (30%)
 Increasing risk of harassment complaints
(27%)
 Form I-9 and immigration enforcement (25%)
Percent with “high or moderate” level of concern regarding HR issues
(Total sample)
Small businesses consider it at least “somewhat
likely” they will be negatively impacted by:
 Healthcare legislation (55%)
 Employee medical accommodations and leave laws
(48%)
 Minimum wage, overtime and pay regulations (47%)
 Recordkeeping requirements (45%)
 Tax reporting requirements (44%)
Key Finding #5
Employment law challenges are
often addressed without modern
systems and processes.
Despite the risks of inadequate recordkeeping
and careless errors resulting in legal actions and
fines, most businesses use outdated methods
for managing employee-related tasks.
 Almost one-half (46%) use pen, paper and
sticky notes
 Only 17% use modern HR systems
Key Finding #6
Written employee policies are
widely used but they often exclude
key topics.
 84% have an employee handbook or formal
written policies
 85% require employees to acknowledge
receipt
 88% have a printed handbook
 22% provide online access
During the past year, there has been a significant
decline in small businesses with policies
addressing controversial issues.
 In 2017, 67% of businesses surveyed had a
weapons policy in place
 This year, 56% say they have a weapons policy
 In 2017, 33% had a political activities policy
 This year, the number is 24%
Many employers do not have recommended
policies:
 47% do not address social media usage in the
workplace
 35% do not address the use of personal
electronic devices
 33% do not address pregnancy
accommodations
Example Action Plan #1
 Critically review information sources currently
used to learn about changes in employment law
 Laws are constantly changing
 Governments provide minimal information
 Research findings indicate frequent use of
“questionable” information sources
 Many small businesses less than “very confident”
they are prepared for labor law investigations/legal
actions
Example Action Plan #2
 Devote particular attention to having accurate
information sources regarding key areas of
vulnerability:
 Healthcare legislation
 Employee medical accommodations and leave
laws
 Minimum wage, over time and pay regulations
 Recordkeeping requirements
Example Action Plan #3
 Consider transitioning from pen, paper and
sticky notes to benefit from new technologies,
software, etc.:
 Respond to “significant” increase in time required
for compliance
 Better address ever-growing complexity of labor
laws
 Reduce exposure to compliance issues/actions
Example Action Plan #4
 Increase communication with owners/CEOs to
ensure their awareness of the actual/potential
impact of employment laws upon the business
and the need for adequate resource
commitments
Example Action Plan #5
 Review content of employee handbooks,
manuals, etc., to ensure adequate coverage of
often overlooked “hot topics,” including social
media use, use of personal electronic devices
and policies regarding weapons and political
activities.
HR Solutions
 Web-based solutions
 Easy-to-use and implement
 Affordable for small businesses
 Comes with FREE Employee Records App
For more information visit: www.hrdirectapps.com
Watch the recording of this webinar here. Connect With Us
@ComplyRight
@ComplyRight
ComplyRight,Inc.
Interested in more FREE webinars?
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2018 National Compliance Pulse Survey: Small Businesses Weigh In on Top Employment Law Concerns and Challenges

  • 1. 2018 National Small Business Compliance Pulse Survey: Small Businesses Weigh In on Top Employment Law Concerns and Challenges Jaime Lizotte HR Solutions Manager, ComplyRight, Inc. July 2018 Carl Hendrickson President, Market Measurement, Inc.
  • 2. Welcome!  If you’re having audio difficulty, message us using the chat feature, and we’ll do our best to help.  For any questions pertaining to the webinar topic, please use the chat feature to submit your questions.  All participants will receive a link to the webinar in a follow-up email.
  • 3. What We’ll Cover  Methodology  How small businesses are challenged by employment laws  How small businesses feel prepared to deal with an investigation or legal action  Where small businesses get their information on employment laws  Top HR compliance concerns among businesses with fewer than 100 employees  The current level of HR technology adoption among small businesses  What small businesses don’t include (but should) in their employee policy handbooks  Action plan on how to use this data in your small business
  • 4. Methodology  Telephone survey among “those responsible for employee recordkeeping and HR tasks”  Owner/CEO  General Manager  Office Manager  HR Manager
  • 5. Methodology  All participating companies have between 5 – 100 employees  Highly accurate and “projectable” data from scientifically developed pure random sample  300 completed interviews  Studies conducted in May 2017 and April 2018
  • 6. Key Finding #1 Small businesses see benefits from employment laws, but face challenges due to increasing complexity.
  • 7.  73% consider labor laws to be necessary for employers  71% believe these laws are becoming increasingly complex  42% indicate labor laws “require too much of my time”
  • 8. Significant increase in 2018 Percent who “agree” with statements about labor laws
  • 9. Compared to total participants, Owners/CEOs are measurably more concerned about the:  Time required to comply with labor laws  (Owners/CEOs – 55% vs. Total participants – 42%)  Negative impact on business growth  (Owners/CEOs – 39% vs. Total participants – 24%) Additionally, only 44% of Owners/CEOs are convinced HR employment laws benefit employees compared to 31% of total participants.
  • 10. Key Finding #2 Employers lack full understanding of employment laws, yet many still feel prepared for legal action and investigations.
  • 11. When it comes to regulations impacting their businesses, less than half of respondents are “very confident” they are fully aware of all:  Federal laws (45%)  State laws (48%)  Local laws (49%)
  • 12. Proportion of total respondents fully aware of employment laws/regulations at various government levels
  • 13. Despite lacking full confidence in their awareness of labor laws:  64% of total respondents are “very confident” they are well-prepared to handle an investigation or legal action  52% of owners/CEOs report being “very confident” they are well prepared One out of 25 small businesses report they have faced a investigation, lawsuit or fines in the past.
  • 14. Vulnerable to legal actions, fines, etc.?
  • 15. Key Finding #3 Many small businesses turn to less- than-reliable sources for labor law information.
  • 16.  78% say they rely on written notifications from federal and state agencies – yet the vast majority don’t provide such information  69% rely on friends and colleagues for advice on HR compliance topics  60% rely on accountants, lawyers or other business advisors who typically have limited knowledge of HR employment regulations
  • 17. Key Finding #4 Small businesses have a diverse mix of employment law concerns and risks.
  • 18. The study found that 58% of small businesses are concerned about conflicting federal, state and local regulations. Additionally:  55% are concerned about new limitations on questions they can – and can’t – ask job candidates  52% worry about expanded requirements for paid medical leave  51% are concerned about new tax reporting requirements, such as the Affordable Care Act
  • 19. Lesser, yet still significant, issues include:  The potential for employee lawsuits (30%)  Increasing risk of harassment complaints (27%)  Form I-9 and immigration enforcement (25%)
  • 20. Percent with “high or moderate” level of concern regarding HR issues (Total sample)
  • 21. Small businesses consider it at least “somewhat likely” they will be negatively impacted by:  Healthcare legislation (55%)  Employee medical accommodations and leave laws (48%)  Minimum wage, overtime and pay regulations (47%)  Recordkeeping requirements (45%)  Tax reporting requirements (44%)
  • 22.
  • 23. Key Finding #5 Employment law challenges are often addressed without modern systems and processes.
  • 24. Despite the risks of inadequate recordkeeping and careless errors resulting in legal actions and fines, most businesses use outdated methods for managing employee-related tasks.  Almost one-half (46%) use pen, paper and sticky notes  Only 17% use modern HR systems
  • 25.
  • 26. Key Finding #6 Written employee policies are widely used but they often exclude key topics.
  • 27.  84% have an employee handbook or formal written policies  85% require employees to acknowledge receipt  88% have a printed handbook  22% provide online access
  • 28. During the past year, there has been a significant decline in small businesses with policies addressing controversial issues.  In 2017, 67% of businesses surveyed had a weapons policy in place  This year, 56% say they have a weapons policy  In 2017, 33% had a political activities policy  This year, the number is 24%
  • 29. Many employers do not have recommended policies:  47% do not address social media usage in the workplace  35% do not address the use of personal electronic devices  33% do not address pregnancy accommodations
  • 30. Example Action Plan #1  Critically review information sources currently used to learn about changes in employment law  Laws are constantly changing  Governments provide minimal information  Research findings indicate frequent use of “questionable” information sources  Many small businesses less than “very confident” they are prepared for labor law investigations/legal actions
  • 31. Example Action Plan #2  Devote particular attention to having accurate information sources regarding key areas of vulnerability:  Healthcare legislation  Employee medical accommodations and leave laws  Minimum wage, over time and pay regulations  Recordkeeping requirements
  • 32. Example Action Plan #3  Consider transitioning from pen, paper and sticky notes to benefit from new technologies, software, etc.:  Respond to “significant” increase in time required for compliance  Better address ever-growing complexity of labor laws  Reduce exposure to compliance issues/actions
  • 33. Example Action Plan #4  Increase communication with owners/CEOs to ensure their awareness of the actual/potential impact of employment laws upon the business and the need for adequate resource commitments
  • 34. Example Action Plan #5  Review content of employee handbooks, manuals, etc., to ensure adequate coverage of often overlooked “hot topics,” including social media use, use of personal electronic devices and policies regarding weapons and political activities.
  • 35. HR Solutions  Web-based solutions  Easy-to-use and implement  Affordable for small businesses  Comes with FREE Employee Records App For more information visit: www.hrdirectapps.com
  • 36. Watch the recording of this webinar here. Connect With Us @ComplyRight @ComplyRight ComplyRight,Inc. Interested in more FREE webinars? Check out our webinar topics here. Wait… there’s more!