Business Resources – New Wind Business Solutions

Must Employees Get Paid During Bad Weather Closures?

September 18, 2024September 17, 2024Eric Lorenzen

Are businesses required to pay employees during bad weather shutdowns? Many companies have faced an emergency shutdown due to severe weather, so it is important to know whether you need to pay employees during those shutdowns. Pay requirements differ by employee classification and by state law.

Bad Weather Pay Procedures: Do you pay employees during an emergency closure? Are you required to pay your employees during that time? The answer is “yes”, ”no”, and “sometimes”.

NO– You do not have to pay hourly employees when the business is closed down due to an extended emergency, especially if you have a written policy stating that you do NOT pay during closures due to inclement weather or natural disaster.

Get your policies in writing: It is important to put your policies in writing and communicate it to all employees. Consider purchasing a professionally done Employee Handbook, which will cover this policy along with many others.

SOMETIMES– Some states do insist on Reporting-to-Duty pay that says you must pay any employee who shows up to work as scheduled even if there is no work available. Among those states are CA, CT, DC, MA, NH, NJ, NY, OR and RI, though some limit it to certain industries while others only to minors (OR). So even if the business is closed, if the employee makes it to the worksite you have to pay. The rules differ by state on Reporting-to-Duty Pay, but they usually require a half-day’s pay: 2 hrs minimum, 4 hrs maximum. Some states also limit Reporting Time Pay to just those who are scheduled to work 4 or more hours. See your particular state’s website for details on applicable labor law.

Plan ahead: Be prepared in case of an emergency shutdown by having an up-to-date contact list for your employees. If your business must close, especially for more than a day, then call all employees and revise their schedules as needed.

YES– Salaried exempt employees must be paid if they work anytime during a workweek and are available to work the remaining days, whether they actually work or not. You cannot cut an exempt employee’s pay just because you cannot get your full 40 hours out of them this week, just like you do not have to pay them OT during those busy weeks when they work more than 40 hrs. Be sure you have your employees correctly classified. Some businesses think they can classify anyone as Exempt, but that is not true. Generally, these jobs demand an advanced degree, pay in commissions, or are an executive position. The usual employees who can be exempt are:
1. Upper Management
2. Certain Other Management
3. Certain Creative Professionals
4. Certain Advanced-degree Professionals
5. Certain High-Paid Technical Employees
6. Certain Highly Commissioned Sales People

Be Prepared for the Unexpected

Have the correct policies in place: Once again, this is an area where a good Employee Handbook can help. Set up your employee policies for OT, Exempt Employee Deductions, Inclement Weather, Natural Disaster, and Report to Duty Pay. Consider a professionally designed Employee Handbook, customized to your business.

Typical call-in procedures: Your written bad weather policy should tell your employees what is expected of them. Usually, it will state that they are to call-in (if phone system is operating). The call-in is considered an excused absence. If you pay for bad weather days, you should state the amount of hours and who is eligible (full-time? part-time? temp employees?).

What is considered “bad weather”? Your written policy should give examples of what is considered inclement weather. Some typical weather reasons are: snow, whiteout, ice storm, severe flooding, dust storm/haboob, hurricane, and tornado warning. (You should also add a paragraph on closure due to things such as earthquake, explosion, fire, government quarantine, utility outage, or terrorist attack.)

Have your policy in writing. It is important that you let your employees know what your policy is whenever a shutdown should occur. The best way is to get your Bad Weather Policy in writing before the event happens. As part of your Employee Handbook, you should have a policy for inclement weather, stating your pay policy (usually it is “day off without pay”), call-in procedures, and examples of what is considered “bad weather”.

Where can I get a good Employee Handbook?

Consider going with New Wind. We offer a complete service, delivering a printed manual that’s ready to distribute to your team.

Learn More: Custom Employee Handbook Services

Top Ten Questions to Ask BEFORE getting an Employee Handbook

1-Do I even need an Employee Handbook?

Not everyone does. No employees? Then you don’t need it, even if you are working with numerous volunteers or contractors. As the name implies, these are policy manuals specifically for employees. Your relationship with contractors is better governed by a detailed contract. Your relationship with volunteers is probably better served by a simple list of rules. You don’t have the same amount of control over either of these groups, nor the same responsibilities like offering benefits and pay.

Just starting a business? You may need one, especially if you anticipate hiring staff within the next few months. It is actually a smart approach to have your employee policies in place before your hire up, because it prevents a lot of bad habits from even getting started. It also shows that your business is a professional one, ready to go from Day One.

2- Will this Employee Handbook be Legally Compliant?

You can find lots of free or cheap templates out there, but do they follow the latest legal guidelines? Something written ten years ago and posted on the internet most likely won’t be compliant. The factors that could affect your business include federal laws, state laws, local laws industry-specific laws, and even the size of your business. Laws deal with wages, hours worked, harassment, disabilities, paid leaves, pay periods, employee classification, and so much more. Are you confident that the free or cheap version that you found will address all these rules and laws appropriately?

3- How Much Money and Time will this Employee Handbook Cost Me?

There are some good, legally-compliant template programs available online. Expect to pay $400 or more for one. However, you will now have to spend hundreds of labor hours learning the program, deciding what applies to your business or not, and then compiling your final Employee Handbook.

After all that work, it will still just be an online document. To now print it, requires exporting the online Handbook and converting it into a print form and then printing and binding those manuals. Expect another $100 or so to get those Employee Handbooks finished and ready to distribute.

So the cost of creating your own Employee Handbook from a good template can easily range into the thousands of dollars when you count all your labor hours. For some that have more time than money, this could be the better route. For most, hiring a professional makes sense, because your handbook ends up being less expensive and you get your deliverable much quicker.

For a professional service, expect to pay anywhere from $1500 to $4000, depending on the size and complexity of your business. If you choose to go with a lawyer who specializes in labor law (which is recommended for high-regulated industries, unionized business, and some others), expect the price to be much higher because you will be paying for their expertise.

4. Is this only an online Employee Handbook?

Many services offer only an online handbook. You answer questions and that decides which forms the program will generate in your digital staff manual. There is no paper version, just an online one. That rises other questions. Who will have access to this online document? Do you have to pay for each employee’s online access? How do you get it to your staff, especially if not everyone uses a computer for their work? Where is that online handbook hosted? (Almost always it is kept at the website of whoever you hired and not on your own servers.) What happens when you lose power or internet connection?

When your employees have a printed copy of an Employee Handbook, then there is no excuse for not knowing company policy. In addition, managers and supervisors have it in print as well, ready to use wherever its needed.

5- Do I have to Sign-Up for an Ongoing Service?

Many companies offer an Employee Handbook if you will commit to a monthly HR service that costs thousands of dollars per year. That’s the fad in all industries: to make money through monthly subscriptions. Their hope, much like a gym with its memberships, is to make their money on how little you use the services over the coming months and years. The enticement is an online HR support, but how thorough and complete is that service?

Remember, you came there for the best Employee Handbook for your business, not for all those other bells and whistles. Is their offered service going to generate a great manual for you or just a mediocre, cookie-cutter handbook? All that other stuff might sound good, but what are they really offering you when it comes to Employee Policies?

6- Who Controls My Employee Handbook?

When your Employee Handbook is part of an ongoing service or is hosted on someone else’s site, it usually means you are at the whim when is comes to access. Stop their monthly service and it disappears. Refuse to renew a yearly license for your online handbook and get locked out.

To prevent any of that, you should insist on receiving the final files of your Employee Handbook, including printable versions of the document. This Employee Handbook should be yours to control and to edit as you want.

7- Can I Edit My Employee Handbook Later?

Editing an Employee Handbook should always be done with caution, but sometimes a business owner or authorized manager need to update things. Maybe there’s change in benefits. Maybe you’ve updated your dress code. For major changes, you should go back to your original provider, but you should have the ability to carefully make minor changes.

Unfortunately, if all that you have is a pdf or an online copy, you might not be able to change things easily. Check to see what’s provided to you and if you will be able to make changes on your own.

8- Will I Receive Printed Copies of my Employee Handbook for my Staff?

Most companies will not complete that “last mile” to you. They help your get an Employee Handbook put together. They might even create a print version as a Word document or a pdf. However, they don’t actually print out the Employee Handbook and ship it to your office. That requires extra work and extra commitment on their part. It is much easier to leave the printing to you, but that will cost you.

If you are having to print your new Employee Handbook yourself, expect a cost of $100 or more. You will have to get the file prepped and sent to a printer, pay their charges, and then travel there to pick up your copies. It is so much easier when you get all your Employee Handbooks already printed and delivered, ready to distribute to your team.

9- Will the Employee Handbook have Customized Policies Specifically for My Business?

All good service providers will get you the basic policies needed for your organization. Things like overtime rules and sick leave, employee classifications and pay periods. However, will they customize to your specific needs and wants? You might need industry-specific policies for employee safety or client care or any number of other reasons.

Industry-specific policies can include topics like HIPAA, food handling, client confidentiality, working with minors, and so on. Sometimes, a business needs unique policies to fit their line of work. Will your provider craft custom forms just for you?

10- Does this Employee Handbook Come with any Guarantee?

Does the provider of your Employee Handbook service stand behind their product? Do the guarantee satisfaction? Do they take care of legal updates? (If so, for how long? 30 days/ 90 days/ 1 year?)

You should get an Employee Handbook with appropriate support behind it.

Ready to Get an Custom Employee Handbook that’s a Complete Service?

Designing employee handbooks is what we specialize in here at New Wind.

Learn more about what we have to offer: Employee Policy Experts

Is Paid Sick Leave Mandatory?

September 9, 2024Eric Lorenzen

Are you required to provide Paid Sick Leave (PSL) to your employees? The answer is “depends on where you’re located and how big you are.” This isn’t an easy answer because labor laws differ by state/ city/ size. Let’s get into the the details:

No Federal Requirements of Paid Sick Leave

There are no federal laws requiring your businesses to offer paid sick leave. If your state has no regulations on paid sick leave, then it defaults to the federal level, which is none. That doesn’t mean you can’t offer it; it means you will not be forced to offer this benefit your employees. However, 20+ states do mandate PSL of some kind or other. These laws apply to you if your organization has a location in one of those states, cities, or counties. These laws also apply to you if you have a remote employee working in one of these areas.

(CAUTION: Some State and Local laws may have changed since the publishing of this article. As always, we encourage you to research the topic yourself and to seek the advice of a labor law lawyer if needed. This article is meant as general information only.)

States that Require Paid Sick Leave from all Employers

Eight states, plus the District of Columbia, have mandatory paid sick leave, no matter your organization’s size. Those states are Arizona, California, Illinois, Minnesota, New Jersey, New Mexico, Vermont, and Washington.

The amount of sick days differs per state, as does the rate of sick time is earned. Most states that have required PSL, have a mandate of 40 hours maximum of sick leave per year, but other locations have a maximum PSL of 48 hours or 52. One location has no maximum on how much PSL can be earned.

The rate that PSL is earned can also differ. Some places, employees earn 1 hour per every 30 hours worked, but in other locations the employees earn at a rate of 1 hour per every 52 hours worked.

States that Require Paid Sick Leave from Employers of a Certain Size Only

Another nine states require PSL when you reach a certain size. In these states, once you hit that limit, you have to offer PSL to all of your employees: Colorado (16+ employees), Connecticut (50+), Maine (10+), Maryland (15+), Massachusetts (12+), Michigan (50+), New York (5+), Oregon (10+), and Rhode Island (18+).

If you are located in any of these states, you’ll want to give careful thought when your employee count comes close to one of these thresholds. Once you cross over, then all your employees become eligible for paid sick leave, so take the time to study your state law and see how they define an employee unit. (Part-time Equivalent, Full-Time Equivalent, and so on.)

States where Certain Cities or Counties Require Paid Sick Leave

Another eight states had additional PSL laws for particular localities only. These might be the only ones in that state or they might be more stringent than state requirements. These laws apply to employees who work in these locations, not necessarily where they live or even where your business is located. If you have a remote employee working in one of these counties or cities, you could be liable to these laws.

These locations are as follows: California (Berkeley, Emeryville, Los Angeles, Oakland, San Diego, and San Francisco); Illinois (Chicago, Cook County); Maryland (Montgomery County); Minnesota (Duluth, Minneapolis, St. Paul); New Mexico (Bernalillo County); New York (New York City, Westchester County); Pennsylvania (Allegheny, Philadelphia, Pittsburgh); and Washington (Seattle, Tacoma).

Quick Reference Table for Paid Sick Leave

(As of 9/9/24- this information is subject to change as state and local laws are implemented and/or revised. Please verify this information before using for your employees.)

STATE	MINIMUM # OF EMPLOYEES BEFORE LAW APPLIES	MAXIMUM HOURS OF PSL PER YEAR	PSL EARNED PER HOURS WORKED**
AZ	all	40	1/30
CA*	all	40	1/30
CO	all	48	1/30
CT(#)	50+(#)	40	1/40
DC	all	differs	differs
IL*	all	40	1/40
MA	12+	40	1/30
MD*	15+	64	1/30
ME	10+	40	1/40
MI	50+	40	1/35
MN*	all	–	1/30
NJ	all	40	1/30
NM*	all	64	1/30
NV	50+	40	0.0193/1
NY*	5+	40-56	1/30
OR*	10+	40	1/30
PA*(%)	see locality	see locality	see locality
RI	18+	40	1/35
VT	all	40	1/52
WA*	all	–	1/40

*= States with additional PSL regulations in particular cities or counties.
**= States may change the rate that PSL is earned and it can differ depending on the size of your organization. Please verify the rate in your area before applying.
#= Connecticut (at time of publishing) requires PSL from companies of 50+ staff and only for “service workers”, but that term is widely defined, so please verify if any of your employees fall under that category. Law is expanding each year, adding in more categories of employees and lowering the amount of employees needed before PSL is mandated. Please check current law requirements.
%= Pennsylvania currently has NO state PSL requirements, but various cities/counties in PA do. Please check your local area.

Get Help with Your Employee Paid Sick Leave Policies

At New Wind, we design customized Employee Handbooks that cover essential policies and procedures like paid sick leave, overtime rules, and employee classifications.

Learn More: Custom Employee Handbooks.

Coronavirus Telecommuting Policy

March 14, 2020Eric Lorenzen

We are entering an uncertain time for business as many are facing the fears of a pandemic. COVID-19, often called the Coronavirus, is inflicting more and more in the USA, forcing companies to get creative in the ways that they do business. One possible option that many organizations are considering is allowing employees to work from home, to telecommute.

At New Wind, we understand your concerns and uncertainties on how to more forward with telecommuting during the Coronavirus attack. How should you proceed to allow employees to work from home? What rules should you have in place for telecommuters? To help you and many others, we have put together a sample Emergency Telecommute Policy that might help you get this implemented. This policy is free for you to copy, edit and use.

Please note: New Wind makes no representations or warranties with respect to the accuracy or completeness of these documents and specifically disclaims all warranties of fitness for a particular purpose. These documents may not be suitable for your particular situation or need. Please consult a competent professional as needed.

This sample should not be sold or incorporated into any for-profit resource or publication. Click below to get your pdf copy:

Emergency Telecommuting Policy

Looking for more employee policies? We offer a complete, comprehensive Employee Handbook designing service. Contact us today for a complementary 20 minute phone consultation.

Simple Ways to Thank your Customers

November 5, 2019Eric Lorenzen

The Small Business Administration recently posted an article listing seven ways to tell your customers “thank you” and we thought it worth sharing a snippet from it. If you want to improve your customer care and retention, it’s best to focus on those little extras that show them that you appreciate their business:

Hold a party. Get in on the celebration early with a November party. A B2B business can host an event at the office; hold a holiday luncheon, dinner or cocktail celebration at a local restaurant; or invite customers to the company holiday party. A B2C business could host a party at the store or location or rent a local space. Make the party festive with contests, celebrations of top customers and goody bags for attendees.

Send greeting cards, notes or letters. …

…

Spotlight your best customers. Make November Customer Appreciation Month and spotlight a different customer every week (or daily if you can manage it). Post a photo of the customer, a few quotes from them about why they appreciate your business, and a few words from you about why you appreciate their business. Interview the customer about their favorite product/service/employee at your business, how they first heard of your business, how long they’ve been customers—anything that tells a story.

…

Read the full article at SBA. gov website.

Ready to develop a comprehensive Customer Strategy? Go beyond just a marketing plan, to a complete Customer Strategy on how you will woo in new customers and wow them into staying. See our section on Wooing and Wowing Customers.

Why Have a California Employee Handbook?

October 11, 2019Eric Lorenzen

As a business owner or manager in California, you have to ask whether your organization needs an employee handbook. How does it help me run the business? What kind of businesses should have an employee handbook?

1. Avoid costly policy mistakes. Having your employee policies in writing helps the boss(es) do the right thing. Know when overtime begins, understand how vacation time is calculated, learn the difference between exempt and non-exempt employees, and so on. Does OT start at 8 hours and/or 40 hours? Who qualifies to be salaried? A California employee handbook would answer all those basic policy questions.

2. Stop employee claims of ignorance. Employees will have your policies in writing, so they can no longer claim that they did not know breaks only lasted 10 minutes or that smoking is prohibited indoors. Do all of your employees know what your rules are? When everyone gets a copy of the “rule book” they can no longer claim ignorance. With a California employee handbook, your policies will be clear and consistent.

3. Written Policies help to defend against lawsuits. Getting your policies in writing can help when someone claims you were discriminatory or unfair in your labor practices. Does an employee handbook make you immune from court cases? Of course not, but having your policies well-defined and properly distributed to all employees can sometimes be a great aid when having to defend yourself. An employee handbook offers protection for your business.

4. Get all your supervisors on the same page. If you have more than one manager, then it can get confusing. One boss might contradict another. However, when everyone has the same written policy to refer to, then the confusion is much less. You will lower the chance of misunderstanding or frustration among staff and you will equip your supervisors with a good HR resource.

What policies are typically included in a California employee handbook? Expect a comprehensive handbook to be about 30-40 pages in length and to include the following rules and regulations:
+ at-will employment
+ non-discrimination
+ anti-harassment
+ vacation
+ sick leave
+ overtime
+ employee classifications
+ jury duty
+ smoking
+ social media
+ introductory period
+ leaves of absence
+ FMLA
+ bereavement
+ pay dates
+ driving while on duty
+ parking rules
+ drug testing
+ dress code
+ employee conduct
+ termination
+ holiday pay
+ customer service
+ workplace security
+ confidentiality
+ and much more

Customized Policies– In addition to standard employee policies, some services provide customized policies for your specific business or industry. You may want to consider adding custom policies covering topics such as HIPAA, driving safety, money handling, hygiene, or telecommuting.

What is not included in a typical handbook? A typical handbook does not cover job procedures, which are too intricate and job-specific. Other topics not covered include job descriptions, day-to-day work procedures, and so forth.

How do I get a California employee handbook?

You have 3 basic options for designing a staff handbook:

1. Do-It-Yourself. If you are going this route, we would recommend using a lawyer-vetted template or software program, such as the excellent one provided by the California Chamber of Commerce. Pricing starts at about $250, plus all the hours you’ll need to spend completing it.

https://store.calchamber.com/10032175-masteh/products/employee-handbook-creator

2. Get Assistance. Hire a professional consultant to help you complete a software program, costing more but saving you dozens of hours of your precious time. Consultants aren’t cheap per-hour, but they can put a handbook together much faster than you ever could, so the actual cost might end up being less than if you take the DIY path.

https://newwindinc.com/custom-employee-handbook/

3. Hire a Labor Lawyer. This is the ultimate level and is recommended for those who have concern of legal issues or complex labor relations, such as a unionized shop.

Promo: Employee Discipline eBook is Free for Limited Time

October 9, 2019Eric Lorenzen

Amazon is promoting Eric Lorenzen’s eBook Target the Work, Not the Worker: Effective Employee Discipline for Managers, Supervisors, and Business Owners today through Friday (Oct. 9-11, 2019).

Get your copy of this e-book for FREE.

Target the Work, Not the Worker is a concise, step-by-step guide on how to warn employees, write up troublemakers, and fire those employees who can’t be salvaged.

Learn the 4 steps of discipline, what progressive discipline means, and how to document poor performance.
Understand how to control your own attitude and responses.
Get a better understanding of why employees sometimes fail and the importance of not guessing at what might be their motivations.
Master the when, where, how, and what of any disciplinary meeting.
Understand what laws to watch out for when firing an employee.

“Target the Work, Not the Worker will help you become a more effective leader for your team.” Target the Work, Not the Worker is part of the How to be a Better Boss series and is intended as a general business guidebook, addressing the needs of managers, supervisors, and small business owners in the USA.