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New York State Prohibits Employers from Requesting Employee’s and Applicant’s Social Media Credentials

Robert Brody of Brody and Associates, LLC is a member of XPX Tri-State
Robert G. Brody
Brody and Associates, LLC
3 months ago

Effective March 12, 2024, New York Labor Law prohibits employers from requiring employees and job applicants to provide information about their personal accounts. If you think this sounds familiar, you are right. This idea has been in place in various states for years; now New York is joining in! Under the new legislation, “personal accounts” are broadly defined. It means “an account or profile on an electronic medium where users may create, share, and view user-generated content, including uploading or downloading videos or still photographs, blogs, video blogs, podcasts, instant messages, or internet website profiles used exclusively for personal purposes.” Specifically, Employers may not require employees or job applicants to: disclose the username, password, or “other authentication information” for accessing personal accounts; access a “personal account in the presence of the employer;” or “reproduce in any manner photographs, videos, or other information contained within a personal account.” However, nothing in the law prevents employers from: Accepting voluntary friend requests sent from an employee or applicant (although such actions may not be wise!); Accessing public social media accounts; Accessing information about an employee or applicant that can be obtained without any access information; Accessing information “for the purposes of obtaining reports of misconduct or investigating misconduct, photographs, video, messages, or other information that is voluntarily shared by an employee, client, or other third party that the employee subject to such report or investigation has voluntarily given access to contained within such employee’s personal account.” If your strategy is to argue that in response to an employer request, the applicant or employee “voluntarily” gave permission, that may be a very tough burden to meet! Employers who ask applicants or employees to share their social media accounts should proceed with caution. This area of law in New York is new and quickly evolving. Brody and Associates regularly advises management on complying with the latest local, state and federal employment laws.  If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560    

Apr 16, 2024
Tri-State
Business Value Growth

New York State Passes Clean Slate Act – What it Means to Employers

Robert Brody of Brody and Associates, LLC is a member of XPX Tri-State
Robert G. Brody
Brody and Associates, LLC
5 months ago

Yesterday, Governor Kathy Hochul signed into law The Clean Slate Act (S.7551A/A.1029C) with an effective date of November 16, 2024. The law will seal certain criminal records following an individual’s release from incarceration: eligible misdemeanor convictions will be sealed three years after release, and eligible felony convictions will be sealed eight years after release – on the condition that the individual convicted of the offense has not committed an additional crime in the intervening period. The Clean Slate Act will not seal the records of individuals convicted of sex crimes, murder, or other non-drug Class A felonies.  Law enforcement, prosecutors, the New York State Education Department, the courts, and certain other groups will continue to have access to all criminal records under the law. New York became the 12th state in the nation to sign Clean Slate legislation, joining New Jersey, Michigan, Pennsylvania, and others. Statistics show that a criminal record makes finding new employment significantly more difficult. The Clean Slate Act is designed to provide a second chance to individuals who have paid their debt to society, enabling them to restart their lives and become positive contributors to their communities. Conviction information will remain available for law enforcement purposes, the hiring of police and peace officers, the hiring of teachers at public and private schools, and background checks for firearm purchases and/or licenses. A

Feb 8, 2024
Tri-State
Business Value Growth

Release Agreement for Harassment Claims? Not so fast New York Employers…

Robert Brody of Brody and Associates, LLC is a member of XPX Tri-State
Robert G. Brody
Brody and Associates, LLC
6 months ago

Attention New York employers: On November 17, 2023, Governor Hochul signed S4516 into law, amending Section 5-336 of the General Obligations Law (“GOL”), commonly known as New York’s #MeToo statute. The amendment significantly changes the terms permissible in settlement agreements for claims relating to discrimination, harassment, or retaliation. As of the effective date, November 17, any settlement agreements involving claims of discrimination, harassment or retaliation, cannot: Compel the complainant to forfeit consideration if they breach nondisclosure or nondisparagement clauses; Mandate the complainant to pay liquidated damages for violating nondisclosure or nondisparagement clauses; or Include or require an affirmative statement, assertion, or disclaimer stating the complainant was not subject to unlawful discrimination, including discriminatory harassment or retaliation. If these provisions are present in settlement agreements, the entire release becomes unenforceable. In other words, the employee can still sue you even after fully executing a release agreement (and receiving the money that typically follows)! Additional changes the amendment made include: Waiver of the 21-day consideration period: Previously, complainants had to wait 21 days before entering into a confidentiality agreement. Now, complainants can waive this consideration period, although the separate confidentiality preference agreement and 7-day revocation period still apply. Extension of protections to independent contractors: The recent amendment expands the #MeToo statute to cover independent contractors. Previously, the law only applied to agreements between employers and employees. In light of these changes, employers should ensure their settlement agreements for claims of harassment, discrimination, or retaliation do not include clauses related to liquidated damages, clawback provisions in case of a breach, or statements denying unlawful discrimination. Inclusion of such clauses will render the release of claims unenforceable, but the obligation to pay the settlement amount may persist. If you are executing a release and you are not sure if the underlying claims involve harassment, discrimination, or retaliation, seek skilled counsel for advice. Brody and Associates regularly defends employment litigation cases for management and advises management on complying with the latest local, state and federal employment laws.  If we can be of assistance in these areas, please contact us at info@brodyandassociates.com or 203.454.0560

Jan 18, 2024
Tri-State
Business Value Growth

Optimizing 360 Performance Reviews

Chuck Cooper of WhiteWater Consulting LLC is a member of XPX Charlotte
Chuck Cooper
WhiteWater Consulting LLC
7 months ago

In the dynamic landscape of employee performance evaluations, 360-degree reviews have emerged as a holistic approach, offering a well-rounded perspective. However, to extract the full benefits of this method, managers must adopt a strategic outlook. This blog post explores key elements to enhance the effectiveness of 360 reviews, delving into the nuances of communication, goal setting, and the overall contribution of employees to organizational success. Key Considerations for Meaningful 360 Reviews 1. Managerial Preparedness for Effective Communication One pivotal aspect of successful 360 reviews is the manager’s commitment to investing time in preparation. To unlock the true potential of this evaluation method, managers must be well-prepared to clearly communicate the details of the review. This involves not only understanding the process but also being adept at articulating constructive feedback. Clear and transparent communication sets the tone for a positive and impactful review experience. 2. Clarity in Communication Building on the foundation of preparedness, managers must emphasize clarity in their communication during the 360-review process. Ambiguity can lead to misinterpretation, undermining the purpose of the evaluation. By asking great questions, listening thoroughly and  being precise and concise in feedback delivery managers can ensure that employees grasp the essence of their performance and areas for improvement. Clear communication fosters an environment of trust and mutual understanding. 3. Setting Attainable Goals Goals are the compass that guides professional development. In the context of 360 reviews, managers play a pivotal role in setting clear and attainable goals. These goals should not only align with the organization’s objectives but also consider the individual strengths and areas for improvement identified through the evaluation. Specificity in goal setting enhances the employee’s sense of direction and purpose, contributing to overall job satisfaction and productivity. 4. Communicating the “Why” of Employee Contributions Beyond the traditional focus on skills, it is essential to communicate the “why” behind an employee’s work. Managers should highlight the meaningful impact of individual contributions on the success of the company. This perspective instills a sense of purpose and belonging, motivating employees to actively engage in their roles. Connecting the dots between daily tasks and organizational success creates a more profound understanding of the employee’s value. Additional Perspectives on 360 Reviews Soft Skills Emphasis: While technical competencies are crucial, the 360-review process is ideally suited for assessing soft skills. Not everyone possesses the same technical expertise, making it challenging for a comprehensive evaluation. Soft skills, on the other hand, are universally applicable and contribute significantly to team dynamics and overall workplace harmony. Choosing the Right Platform: The choice of the platform for conducting 360 reviews is pivotal. Online surveys, with a mix of rating scales and open-ended commentary, have proven to be effective. This approach encourages honest feedback and provides a comprehensive understanding of the employee’s performance. Optimal Timing: Consider the timing of 360 reviews carefully. Avoiding busy periods, such as month-end, ensures that employees can dedicate sufficient time and attention to the evaluation process. This consideration reflects a commitment to a fair and thoughtful assessment. Encouraging Open Feedback: Acknowledge that not all employees may feel comfortable expressing themselves in written form, especially if English is not their primary language. To address this, provide alternative channels, such as internal forums or private HR consultations, where employees can voice their opinions comfortably. Incorporate 360 Reviews into Your Culture Incorporating these perspectives into the 360-review process transforms it from a routine evaluation into a powerful tool for professional growth and organizational success. By investing in preparation, embracing clarity, setting meaningful goals, and emphasizing the “why” of employee contributions, managers pave the way for a more insightful and constructive performance review experience. With any questions about implementing a 360-review process, reach out to the WhiteWater Consulting team today.

Dec 6, 2023
Business Value Growth

Will AI and Machine Learning “Empower” Buyers to the Point That They No Longer Need Salespeople?

Susan Powers of Sandler Training by PEAK Sales Performance is a member of XPX Hartford
Susan G Powers
Sandler
8 months ago

  The 2023 Sales Dilemma Susan Powers, Peak Sales/Sandler   Salespeople have never had a greater advantage and opportunity than they do today. They can secure even greater advantages and opportunities with each passing day. That’s because artificial intelligence, machine learning, and technology continue to make advancements that help salespeople develop closer and stronger relationships with their clients and prospects. Yet a lot of salespeople and sales leaders don’t see it that way. They see their main dilemma as one of getting, not just more leads, but more qualified leads. Fortunately, the sales-enabling and marketing-enabled technologies now driven by AI are making this goal much easier to attain– at least, for organizations that grasp the power of these technologies and leverage them. But for many salespeople, there remains an underlying, and far more serious, dilemma, one of attitude. They are stuck in the 21st-century version of a very old problem, one that has been known for decades as the Scarcity Mindset. They fear that artificial intelligence, machine learning, and technology will replace them. These salespeople worry that buyers will no longer need them around to make an intelligent buying decision. They fear there will not be enough to go around. The reality we face is simultaneously more encouraging and more challenging than that. AI will not replace salespeople… but AI-empowered salespeople will replace those salespeople who choose not to embrace the future of selling. Selling is still about choosing abundance over scarcity, and it is still about trust and honest communication– the two most important ingredients in any relationship. Today’s sellers need to remember that when their organization’s marketing technologies deliver those sought-after high-quality leads, their job is to initiate trust, build trust, maintain trust, and further trust. And the best way of doing this is to lean into, not away from, the revolutionary sales-enabling technologies that have been made available to us. To initiate trust, show up fully prepared for the first call or meeting, leveraging AI to know as much about the prospect, their industry, and their competition as possible. To build trust, use what was discovered in the first call or meeting and continue researching the solutions that will best meet the needs of the prospect– even if it means that you are recommending a competitor or other solution that is not your own. This approach goes a long way indeed in building trust. Once we have received a qualified lead, initiated trust in the first call, and built trust through honest adult-to-adult truth-based communication to create a relationship that wins the business, we must also maintain trust. All too often, this responsibility gets left out of the equation. We lose track of the relationship once the deal “closes.” So: Stop thinking in terms of closing! There will inevitably be delivery or other customer service issues; there will probably also be price increases at some point; there be unexpected shifts in the buyer’s world that neither side can predict right now. These and other events will require a strong relationship if they are to be handled properly and if the relationship is to grow over time. As sellers, we need to stay more informed than our competition, and if you think AI isn’t part of that, you’re not reading the horizon well. We need to get out in front of the challenge that shows up in our buyer’s world, whatever form it takes, and we need to share relevant information with our buyers and their stakeholders. That means delivering difficult information when necessary, and in a way that strengthens, rather than weakens, the relationship. Humans will always have an advantage over computers in this regard. When clients know that they can count on us to deliver honest but difficult news, they know that they can also trust us to take care of their needs as a customer. Furthering trust means that as sellers, we are leaning into AI and other information technology as much as possible, so we can make sure we see trends and shifts in the business and/or industry we serve before they impact our clients. When we can proactively bring information and insights to our clients that could help bring about advanced solutions, or help them to mitigate risks that connect to potential changes in their industry, this furthers the trust between the buyer and the salesperson. I began this article with the dilemma that most sellers care about: filling their funnel with qualified sales leads they can pursue. However, the real dilemma today’s sellers face has to do with a decision: embracing either the Scarcity Mindset or the Abundance Mindset. In 2024, embracing the Abundance Mindset means embracing artificial intelligence, machine learning, and sales enabling technologies with everything we’ve got. Gone are the days of Chief Revenue Officers or Chief Sales Officers accepting the excuse that part (or all!) of their sales force can’t even open an email or use a laptop. If you choose not to adapt to the world in which you now live and work, you will be left behind. That’s not scare talk. That’s reality. Here, then, is a wake-up call for today’s seller, regardless of tenure, age, or perceived influence within the company: We must all get on board the train and become AI-empowered sellers. If we don’t find our seat on this train, we will be replaced by salespeople who are leveraging all that AI, machine learning, and sales-enabling technologies have to offer. If you doubt this, compare the recent commission checks of those who are embracing the AI revolution with those who are not. I predict that you will instantly see the difference! Sales leaders: Are you certain you and your sellers are on board the train that’s heading toward the future of selling? Or do you feel like you or your team may have been left behind at the station? If you’d like to know more about how to make the shift, and/or how to get buy-in and adoption from your team on the ideas I have shared here, I would love to hear your story.

Nov 10, 2023
Hartford
Business Value Growth

House of Cards: Selling Your Small Business Without a Strong People Infrastructure

Maria Forbes of FIREPOWER Business Catalyst, LLC. is a member of XPX Atlanta
Maria C Forbes
FIREPOWER Business Catalyst, LLC.
9 months ago

Selling a small business can be tough.  One of the biggest obstacles to a successful business transfer is the lack of a strong team.  Without a competent and reliable team buyers may hesitate to invest in the business.  Owners should focus on building a workforce structure that can help drive the business forward.  Potential buyers will be interested in investing in a stable and engaged workforce and profitable operation. Identifying and Filling Gaps in the People Infrastructure Before selling a business, it’s important to identify any gaps in the people infrastructure and take steps to fill them. One way to do this is by conducting a thorough evaluation of the current team. This can involve analyzing employee performance, identifying skill gaps, and determining whether there are any critical roles that need to be filled. Once these gaps have been identified, it’s essential to take action before putting the business on the market.  Important actions involve reboarding existing positions to update roles and expectations, providing additional training and development opportunities for existing team members, and where necessary, hiring and training new employees. It’s important to keep in mind that filling human capital gaps may take time, so it’s best to start this process well in advance of planning to sell your business.  Your people infrastructure will be strong and stable before potential buyers begin to evaluate your company. The Risks of a Weak People Infrastructure Without a strong people infrastructure, a small business can be a house of cards.  It may appear to be stable on the surface, but with a single gust of wind, it could come crashing down.  If key employees leave or are unable to perform their duties, the entire operation can suffer. This can be especially problematic when trying to sell the business. A potential buyer may see that the business relies heavily on one or two key employees, they will wonder if these employees may decide to leave after the sale.  Without proper preparation, such as ensuring leadership is prepared and on board, strengthening of the business processes, and updating individual roles and contributions, owner dependency, and an updated org chart, a business will appear less attractive and often owners are challenged to get the offers they desire. A Strong People Infrastructure as part of preparation for sale A strong people infrastructure includes a team of skilled, engaged, and dedicated employees who are capable of running the business effectively and efficiently.  This team should be able to handle day-to-day operations, manage customer relationships, and drive growth.  Essentially, the business is designed to succeed without the owner at the center of the operation, the client relationships and revenue generation.  Instead, the people infrastructure is made up of business contributors that lend the full scope of their capabilities to ongoing growth. Buyers want to feel confident in both financial capital and human capital.  A solid people foundation is a value driver and your best competitive advantage in a go to market strategy. Time to Invest in Building a Strong People Infrastructure Creating a strong team takes time and effort, but it’s worth it for any successful business. Investing in the right people pays off in the long run. It’s also important to provide training and development programs to help your team grow professionally. By building a strong team, small business owners can set themselves up for success when it’s time to sell their company. Prospective buyers will be more interested in a business that has a competent and dependable team in place. Conclusion Selling a small business can be daunting to owners, especially if you lack leadership and a strong team.  It’s crucial to find and fix weak spots in your team infrastructure.  Having a trustworthy and fully engaged workforce is the key to setting your business up for success. By investing time in getting your workforce ready for the future, you make your business more appealing to potential buyers and ensure its success even after the sale.

Oct 13, 2023
Atlanta
Business Value Growth

Engagement, More Than A Buzz Word!

Maria Forbes of FIREPOWER Business Catalyst, LLC. is a member of XPX Atlanta
Maria C Forbes
FIREPOWER Business Catalyst, LLC.
11 months ago

At FIREPOWER, we’re here to help our leaders achieve growth and innovation through their biggest asset: their people. Together, let’s achieve the hardest growth goals and go beyond the surface-level approach of employee reviews by learning how to balance people, processes, and technology to establish an empowered workforce. It’s time to unlock the true potential of your workforce and create a thriving culture of unwavering team enthusiasm that drives business growth and sustainability. The Real Deal? Let’s face it, leaders who simply “dabble” in traditional methods such as annual performance reviews or employee surveys are only getting a snapshot of the workforce influences on business growth and sustainability, you are missing out on the real deal! To hit those hardest goals and unlock the full potential of your team, you need the right talent infrastructure to create real human synergy. Trust us, it’s like unleashing a powerhouse of growth and innovation. More Than Buzzwords When your leaders are equipped with the right tools and strategies to engage their team members, they become unstoppable. Your team’s engagement and enthusiasm become more than just the latest buzzwords – they become the driving force behind your success. Your team feels valued, motivated, and fully invested in the mission and vision of your business. And here’s the amazing part: when leaders prioritize team engagement and enthusiasm and in turn create a culture of growth and innovation, they not only achieve those hardest goals but also become magnets for the best buyers when it’s time to sell. Who wouldn’t want to acquire a business that has a thriving, engaged, and enthusiastic team firing on all cylinders? “It’s your employees who create all the economic value for your enterprise. You need, therefore, to stage a remarkable employee experience.”- B. Joseph Pine II, internationally acclaimed author. So, let’s revolutionize your approach to employee engagement. With FIREPOWER, we’ll help you create the right talent infrastructure to achieve and activate real human synergy. Say goodbye to surface-level tactics and hello to a culture that fosters growth, innovation, and long-term success for you, your leaders, and your team.  Together, let’s attract and retain your top talent, achieve those challenging goals, and create a business that is not only successful but also sustainable. It’s time to tap into the untapped potential of your team, ignite their passion, and watch your business skyrocket.

Aug 14, 2023
Atlanta
Business Value Growth

The Pendulum Swings … Returning to the office and embracing the power of teamwork!

Maria Forbes of FIREPOWER Business Catalyst, LLC. is a member of XPX Atlanta
Maria C Forbes
FIREPOWER Business Catalyst, LLC.
1 year ago

Hey there, hardworking business owner! We know you’ve been hustling and adapting like a champ over the past year. Remote work became the norm, and you made it work! But now, a moment of truth is upon us: the option to return to the office. While remote work definitely had its perks (like sweatpants and a commute that involved rolling out of bed), there are some undeniable benefits to gathering your team back at the office. So, gear up, and let’s dive into why returning to the office can be a game-changer for your business. Unleash the Collaboration Beast Picture this: you’re sitting at your desk, surrounded by your crew of superstars, whiteboard markers in hand, ready to brainstorm and tackle challenges as a team. That’s the power of in-person collaboration at its finest! Returning to the office means bringing together minds that think differently, work off each other’s energy, and create magic through collaboration. From casual water cooler chats to spontaneous brainstorming sessions, the possibilities for innovation and problem-solving are endless when you’re physically present. Foster a Thriving Team Culture Culture is the secret sauce that fuels successful businesses. Returning to the office allows you to shape and nurture the unique DNA of your team. Imagine the infectious energy of joint victories, the camaraderie built over Friday donut runs, or even the playful banter during lunch breaks. These moments might seem small, but they create a sense of belonging and foster connections that can’t be replicated in video meetings. Flexibility within the Office Walls Let’s talk about flexibility. Returning to the office doesn’t mean throwing all your remote work gains out the window. It’s all about striking the right balance. By working together in the office, you can create a hybrid work model that allows for a mix of office and remote days. This means you can reap the benefits of face-to-face collaboration while still giving your team the freedom to rock those sweatpants and work from home when it makes sense. Boost Your Business Mojo Here’s the thing – when your team is firing on all cylinders, amazing things happen. Returning to the office allows for quicker decision-making, streamlined communication, and the ability to tackle challenges head-on. Being physically present in the office fuels productivity and creates an environment where ideas can flow freely. Plus, the office is the center of inspiration and motivation as you witness your team’s collective drive and determination. The Office as an Oasis Sometimes, a change of scenery can be exactly what you need to rekindle your entrepreneurial flame. The office offers a dedicated space away from the distractions of home, where you can fully immerse yourself in work mode, ready to conquer the world surrounded by like-minded individuals fueling your business mojo. Embrace the Best of Both Worlds Returning to the office doesn’t mean abandoning the lessons learned during remote work. It’s about embracing the best of both worlds – combining the power of in-person collaboration, the flexibility of hybrid work, and the safety measures necessary to thrive in today’s reality. Your team is a force to be reckoned with, and the office is the rallying point where they can unleash their collective potential. So, gear up, rally your troops, and get ready to conquer new heights. It’s time to return to the office and unleash the untapped power of teamwork that will propel your business to the next level.

Jul 26, 2023
Atlanta
Business Value Growth

Supreme Court set to Hear Religious Accommodation Case- Could Test Decades Long Standard

Robert Brody of Brody and Associates, LLC is a member of XPX Tri-State
Robert G. Brody
Brody and Associates, LLC
1 year ago

Later today, the United States Supreme Court is set to hear opening remarks in a former postal worker’s claim of religious discrimination against the U.S. Postal Service (the “USPS”) after he was repeatedly disciplined for refusing to work on Sundays.  Once again, this Supreme Court is considering overturning decades of precedent. If successful, the ruling could make it harder for employers to deny a request for religious accommodation under a federal anti-discrimination law known as Title VII of the Civil Rights Act (“Title VII”). The worker, Gerald Groff, is an evangelical Christian and the matter before the Court will have the Justices revisit a decades-old test for determining when and if an employer can deny a requested religious accommodation. The standard which has been in place for over 40 years is based on the Court’s ruling in Trans World Airlines, Inc. v. Hardison (“Hardison”).  In Hardison, the Court found employers were permitted to deny a reasonable accommodation request for sincerely held religious beliefs under Title VII if the accommodation would result in an undue hardship for the employer. The Supreme Court, as currently constituted, holds a 6-3 conservative majority. This Court has a reputation for expanding the conservative agenda, 

Jul 7, 2023
Tri-State
Business Value Growth

MORE EMPLOYERS ADD JUNETEENTH AS A PAID HOLIDAY IN 2023

Robert Brody of Brody and Associates, LLC is a member of XPX Tri-State
Robert G. Brody
Brody and Associates, LLC
1 year ago

Don’t be surprised if no one is answering the phones at Brody and Associates on June 19th.  The number of private employers offering Juneteenth as a paid holiday continues to grow and has jumped significantly over the last three years.  Last year, nearly one-third of all private employers gave their employees a paid day off.  This year that number is expected to grow close to 45%, which is up from just 8% in 2020.  These numbers are in addition to the federal employers and contractors who are already required to provide Juneteenth as a paid holiday. For those not in the know, Juneteenth is the day that commemorates June 19, 1865, the day when Union soldiers informed enslaved Black people in Galveston, Texas, that they were free.  This news came more than two months after the Civil War ended – and is viewed as the day slavery ended in the United States. So why the sudden surge in social awareness more than 150 years later?  Here are just a few reasons.  There was national furor that followed the 2020 murder of George Floyd, resulting in demands for social justice. Organizations are now scrutinizing their diversity, equity and inclusion initiatives. And there has been a rising awareness of the Black Lives Matter movement. In addition to simply giving Juneteenth off as a paid holiday, many employers are hosting events around the holiday to advocate for the advancement of Black employees. Employers are providing important recognition of historical systemic racism and suggesting employees and employers alike reflect on these issues.  The push for recognition of the holiday has also been bolstered by President Biden signing Juneteenth into law as a federal holiday in 2021.  Since then, several cities and states across the country have followed suit.  In 2022, 24 states recognized Juneteenth as a state holiday, Connecticut will become the 25 this year, and cities like New York City and Los Angeles have also designated it as a paid city holiday. Regardless of your politics, Juneteenth is a movement sweeping the country. Each employer should evaluate if and how they individually want to recognize Juneteenth in their own workplace. Considerations should include both your personal beliefs, your workforce and your customer base. Brody and Associates regularly advises management on complying with the latest local, state and federal employment laws.  If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.

May 30, 2023
Tri-State
Business Value Growth

President’s 2024 Budget Calls for National Paid Leave Program

Robert Brody of Brody and Associates, LLC is a member of XPX Tri-State
Robert G. Brody
Brody and Associates, LLC
1 year ago

By Robert G. Brody and Mark J. Taglia March 10, 2023   On Thursday, March 9th, President Biden submitted his proposed fiscal year 2024 budget request to Congress.  In it he seeks a $1.5 billion increase to the U.S. Department of Labor Budget.  Most of this increase would support the President’s paid family and medical leave initiatives. In his proposed budget, Biden seeks three months of paid leave for American workers.  The President’s stated goal is to permit Americans to take time off for a variety of reasons, including:   to bond with a new child; to care for seriously sick family members; to recover from one’s own serious health issue; and to obtain support/protection from sexual assault and violence.   The scope of coverage under this bill is not news; the fact that it would be paid is the headline. Currently, the U.S. is one of just a few highly developed countries not to provide its citizens with a paid leave program. In recent years, some states have offered paid leave of up to 12 weeks through programs which are similar to the President’s latest proposal.  Thirteen states and the District of Columbia have enacted some sort of paid family leave legislation: California, Connecticut, the District of Columbia,Massachusetts, New Jersey, New York, Rhode Island, Virginia, and Washington currently have laws in effect; Colorado, Delaware, Maryland, New Hampshire, and Oregon enacted laws not in effect yet. On Thursday the President spoke out in support of the proposed program, arguing the time has come for the U.S. to, “no longer [be] the only major economy in the world that doesn’t have paid leave.”  The proposal delivers on campaign promises made by Biden when he ran in 2020. Now the hard part, getting it by Congress. If passed, the proposal would provide paid leave access to approximately 92% of low-paid workers (predominantly women and people of color), who don’t currently have access. Experts believe it will be virtually impossible to get a 12-week paid leave program passed with a bi-partisan split in Congress. Time will tell! Brody and Associates regularly advises management on complying with the latest local, state and federal employment laws.  If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.  

Apr 6, 2023
Tri-State
Business Value Growth

CBIZ – Health Care Study 2023

Adam Brier of CBIZ is a member of XPX Long Island
Adam Brier
CBIZ
1 year ago

CBIZ Health Care Survey Shows Employers Prioritize Recruiting and Retaining Talent in Hot Job Market Survey also finds employers are prioritizing stemming the rising costs of medical plans and the inclusion of mental healthcare services Business Wire CLEVELAND — March 15, 2023 CBIZ (NYSE: CBZ), a leading national provider of insurance, financial and advisory services, released its inaugural 2023 State of Health Care survey that shows recruiting talent (67%) and retaining talent (64%) as top priorities for employers, trends driven by a hot job market despite concerns of a recession later this year. The State of Health Care survey includes responses from 869 businesses with at least 100 employees, spanning 41 states and 26 industries. The survey provides insight into employer priorities, top health plan features, and emerging mental and physical health benefit trends to watch through the remainder of 2023. “Employers continue to show an eagerness for recruiting the best and the brightest talent and to identify and retain those employees who have the best growth trajectory,” said Jay Meschke, President of CBIZ Talent & Compensation Solutions. “Since 2020, employers have had to respond quickly to drastic shifts in social and economic conditions and this year will be no different.” Controlling medical costs is a top priority for 49% of businesses. This comes as industry experts project a six to eight percent increase in employers’ health care costs due to rebounding utilization, or rising use of medical providers, and the rise in prescription drug costs. Cost-containment strategies businesses are implementing include reference-based pricing, alternative funding arrangements and enhanced use of telemedicine. Polly Thomas, Business Unit President, Employee Benefits added: “The survey showed that emerging trends and the priorities in the health care and benefits spaces are changing. This data will serve as a guide for businesses looking to modernize their benefits programs that mitigate risks and costs, while improving their employees’ health care experience.” The data was assessed from an overall perspective, as well as based on company size and industry. An interactive infographic with the results is available on the CBIZ website. Additional key findings include: * Almost 35% of employers that don’t offer mental health wellbeing resources through their plans are open to considering options – Despite opting to provide coverage plans that do not offer certain mental health services, nearly 35% of businesses indicated they would like to learn more about offerings for mental health programs. Interest surpassed consideration of other offerings like weight management (18.7%) and financial wellbeing (14.7%). * The majority of businesses provide mental health resources for their employees – 80 percent of employers offer mental health resources through an employee assistance program, while 68 percent provide counseling through their medical plans. * Nearly two in three businesses offer a wellbeing program for employees – With retaining talent being the second most valued priority for the employers surveyed, 61.9% are looking to attract and retain high-performing employees in part by offering a comprehensive benefits program that includes a wellbeing component. * 82% of employers include options for virtual behavioral health consultations – Employers are providing workers with increased options to meet with their medical professionals, both as a convenience and to help mitigate health and safety concerns amid the ongoing impact of COVID-19.

Mar 17, 2023
Long Island
Member News

Are Non-Competes a Thing of the Past?

Robert Brody of Brody and Associates, LLC is a member of XPX Tri-State
Robert G. Brody
Brody and Associates, LLC
1 year ago

By Robert G. Brody and Mark J. Taglia January 20, 2023 Last week the Federal Trade Commission (the “FTC”) proposed a rule banning companies from requiring workers to sign noncompete agreements.  Currently, there are about 30 million workers (roughly 18% of the U.S. workforce) who are subject to such agreements.    The FTC proposal would apply to all paid and unpaid employees, as well as independent contractors.  And would even require companies to terminate existing non-compete agreements and inform their employees that their noncompetes are no longer in effect.  This broad action essentially has no exemption. Now that you have taken a minute to let that sink in, let’s discuss.  The FTC is testing its authority to impose a blanket ban under Section 5 of the FTC Act, which prohibits unfair methods of competition.  In proposing the new rule, the FTC argues such agreements suppress wages, restrict innovation, and limit entrepreneurs from going out and starting their own businesses. Noncompetes are increasingly used across industries The FTC said in a statement released last week that “Noncompetes block workers from freely switching jobs, depriving them of higher wages and better working conditions, and depriving businesses of a talent pool that they need to build and expand.” Initially noncompetes were designed to restrict highly compensated professionals in finance and technology, but they are now being used across all industries, including minimum wage service employees. An Obama-era joint-study from the White House and Treasury found in 2016 that 15% of workers (without a college degree) and 14% of workers earning less than $40,000 were subject to noncompete agreements. The counterargument to the FTC’s actions is that when properly used noncompete agreements can preserve competition and foster innovation. Without their protection, new ideas are too easily stolen to justify the time it takes to bring them to life. What employers should do now Companies should take this opportunity to assess where they stand on this issue.  If they feel strongly about the negative impact such a band would have on their business, they should submit a comment to the FTC during its 60-day comment period. Alternatively, support an employer group that will speak out for you. The FTC open comment period runs through March 10 and the FTC is obligated to review each submission and consider changes based on the feedback provided. Additionally, businesses should consider how such a ban may impact their business and evaluate if there are other mechanisms that could accomplish similar goals. For example, could you use non-solicit and non-disclosure agreements. In fact, should you have those agreements in place already? Or consider a contractual incentive to retain talent. This is particularly helpful if retaining talent is the issue and not losing intellectual property. Scholars question whether Congress ever intended to delegate such broad sweeping authority to the FTC. Thus, you should expect several more hurdles before the new rules are implemented, including litigation up to the Supreme Court, which would delay implementation for years. And if this happens, we might have a new Administration before all the hurdles are cleared in which case, the FTC could be ordered to reverse directions and rescind the rule. While few believe a full blown noncompete ban will be in place any time soon, momentum is building not just at the federal level, but at the state level, too.  Whatever happens next with the FTC proposal, we can expect this trend to continue. Brody and Associates regularly advises management on complying with the latest local, state and federal employment laws.  If we can be of assistance in this area, please contact us at  info@brodyandassociates.com or 203.454.0560.

Mar 13, 2023
Tri-State
Business Value Growth

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A Dozen Questions to Begin the Exit Planning Discussion

Larry Gard of Hamilton-Chase Consulting is a member of XPX Chicago
Larry Gard
Done With Work Retirement Coaching and Consulting
9 hours ago

As an advisor, your role is to help clients prepare to exit their business, yet many people resist thinking about the future because it involves so many unknowns, decisions, and choices.  And emotions typically complicate matters further, sometimes derailing the process altogether.  Here are some questions that can help you establish rapport with your clients, learn more about their concerns, and move the conversation forward. How are you feeling about your work/profession/business these days? Which aspects of work are you still enjoying, and which are you ready to leave behind? Do you envision retiring from work at some point, or are you contemplating an encore career? What part of planning for your future feels most challenging? How do you imagine your life in retirement will be different from how it is now? What process are you using to figure out what you’ll do next after you retire? What would you like to see happen with your business long term? What options have you considered for the transfer of your business? What steps have you taken to make your business more attractive to a potential buyer? What are your concerns about transitioning your firm to new ownership? What would be your ideal scenario for transitioning out of your company? What topic(s) have we touched on today that we should put on our agenda to revisit? So, what happens after you pose a few of these questions and your clients open up about emotional matters?  Remember, the most helpful thing you can do is to listen attentively.  You’ve created a valuable opportunity for them to talk about things they may not share with other advisors.   Here are some tips for managing the conversation when clients raise emotionally loaded topics: Don’t try to “fix things” by immediately offering suggestions. Doing so sends the message that you’re uncomfortable hearing their concern.  You can offer suggestions but do so later. Don’t say anything that conveys the message that their feeling or concern is unwarranted. “There’s really no need to feel that way” or “I’m sure it will be just fine” may sound reassuring to you but could be experienced as dismissive by your client. Don’t immediately offer a logical counterpoint to your client’s emotion. Remember, feelings don’t have to make sense; they’re “as is”.  Put another way, if feelings made sense, they would be thoughts. People report concerns and characterize their feelings differently from one another, so it’s in your best interest to seek amplification and clarification by inquiring as follows . . . “I want to make sure that I understand exactly what you mean by ___.  Can you tell me more?” “People sometimes mean slightly different things when they talk about ___.  What does ___ mean for you?” “Before I suggest anything, I’d like to learn more about it from your perspective.” It’s possible that during early conversations your client may hint at mixed feelings about exiting their business.  That’s perfectly normal, but you need to bring it out into the open.  You want to foster an atmosphere such that your client keeps you apprised about where they’re at.  If they keep their ambivalence to themselves, it has greater potential to blindside you and complicate the sale.  You can say: “In my experience, it’s normal to have some mixed emotions about selling.  Those thoughts may not always be top of mind, but when they do pop up let’s be sure to talk about them.  Believe it or not, they can help inform our process and alert us to aspects of the sale that are important to you.” You may also find that your client is overly risk averse.  If so, consider saying the following: “Our work together won’t be comprehensive if we only plan for what could go wrong.  That’s just half the equation.  It’s fine to be conservative and err on the side of caution, but to be truly realistic we should also consider a range of possibilities both good and bad.”   Author’s Note:  The concepts in this article are derived from Robert Leahy’s book, Overcoming Resistance in Cognitive Therapy.  New York:  Guilford

Jul 26, 2024
Chicago
Practice Tips

Southern States Fight Back Against Union Wins in South

Robert Brody of Brody and Associates, LLC is a member of XPX Tri-State
Robert G. Brody
Brody and Associates, LLC
1 day ago

For five decades, the southern United States has been an attractive location for automakers to open plants thanks to generous tax breaks and cheaper, non-union labor. However, after decades of failing to unionize automakers in the South, the United Auto Workers dealt a serious blow to that model by winning a landslide union victory at Volkswagen. In an effort to fight back, three southern states have gotten creative: they passed laws barring companies from receiving state grants, loans and tax incentives if the company voluntarily recognizes a union or voluntarily provides unions with employee information. The laws also allow the government to claw back incentive payments after they were made. While these laws are very similar, each law has unique nuances. If you are in an impacted state, you should seek local counsel. In 2023, Tennessee was the first state to pass such a law. This year, Georgia and Alabama followed suit. So why this push? In 2023, the American Legislative Exchange Council (“ALEC”), a nonprofit organization of conservative state legislators and private sector representatives who draft and share model legislation for distribution among state governments, adopted Tennessee’s law as model legislation. In fact, the primary sponsor of Tennessee’s bill was recognized as an ALEC Policy Champion in March 2023. ALEC’s push comes as voluntary recognition of unions gains popularity as an alternative to fighting unions. We recently saw this with the high-profile Ben & Jerry’s voluntary recognition. Will this Southern strategy work to push back against growing union successes? Time will tell. Brody and Associates regularly advises its clients on all labor management issues, including union-related matters, and provides union-free training.  If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.  

Jul 25, 2024
Tri-State
Business Value Growth

My Interview with Jerry West on Management

John Dini of The Exit Planning Coach is a member of XPX San Antonio
John F Dini
The Exit Planning Coach
2 weeks ago

I once had the thrill of interviewing Jerry West on management. He was “The Logo” for the NBA, although back then they didn’t advertise him as such. Only the Laker followers knew for sure. In 1989 the “Showtime” Lakers were coming off back-to-back championships.  Pat Riley was a year away from his first of three Coach of the Year awards. 

Jul 9, 2024
San Antonio
Owner Life & Legacy

Can You Offer too Many Product Versions to Your Customers?

Steven Lustig of Lustig Global Consulting is a member of XPX Atlanta
Steven Lustig
Lustig Global Consulting
2 weeks ago

Can you Offer Too Many SKUs to Your Customers? The short answer is YES! A SKU, or Stock Keeping Unit, defines each different product version that you sell and keep inventory of.  There may be different SKUs of the same overall item based on size, color, capacity (think computer or cellphone memory), features, and many other parameters.  For build to forecast businesses, that number of variations can quickly explode and become difficult to manage. Your customers are busy and want ordering simplified. Of course, they may need (or want) more than one variation of a product. That is reasonable and a common aspect of business – one size does not fit all! But there is a point where too offering too many SKUs is not value added either for your customer or your business.  In his April 30, 2013 article “Successful Retailers Learn That Fewer Choices Trigger More Sales” in Forbes, Carmine Gallo discusses his experience and a study about “choice overload” by other authors. He writes about a retailer that “has discovered that giving a customer more than three choices at one time actually overwhelms customers and makes them frustrated…when the customer is faced with too many choices at once, it leaves the customer confused and less likely to buy from any of the choices!” Choice overload is well-documented in consumer studies but can apply in B2B as well. While customer satisfaction is important, another key concern is the often-hidden costs associated with a business offering and managing a large number of SKUs for a given product type. These costs include holding inventory, S&OP (Sales and Operations Planning) team time, small production runs, and scrapping inventory. Holding inventory takes up space, which may come with a cost or utilize racks that could be used for other products. Scheduled inventory counts take up employee time and may result in blackout periods when the warehouse is not shipping product.  The more SKUs there are, including extra SKUS, the greater the potential impact. The Sales team’s forecasting and the Operations team’s purchasing reviews that are part of the S&OP process can occupy more of their valuable time if they need to consider these times. If small orders or forecasts require a new production run, this could be costly and create excess inventory. Whether from this new production or past builds, eventually it will make sense to write off and scrap old inventory, another cost impact to the company. How do you know which SKUs to focus on if you wish to look at reducing your total number of SKUs? Start by examining SKUs that have: Low historic sales over a period of time Small variations between SKUs that customers do not value Older technology or model when newer option SKUs are available This requires a true partnership between Sales and Operations. It starts with educating both teams on the costs involved – neither group may be aware of the money and time impact to the company. Periodic (such as quarterly) reviews of SKUs that meet the above descriptions should become a fixed part of the calendar. A review of the data and other available for sale options should result in the identification of SKUs which may not be needed. At that point, it is helpful to have a customer friendly EOL (End of Life) Notice process by which you inform customers of last time buy requirements for this SKU and alternates available. It is usually best to provide some time for the last time buy in the interest of customer satisfaction, although that may not always be necessary. At a company that designed and sold electronics, a robust SKU rationalization process was implemented to help address these issues. A representative from the Operations team analyzed SKUs that met a version of the above criteria and suggested candidates for the EOL process. Next, a member of the Sales team reviewed them and, where appropriate, issued product change or EOL notices to customers, providing them time for last time buy orders when needed. These steps helped reduce the work involved in maintaining these SKUs while not leading to any customer complaints. A final note – sometimes it makes sense to continue offering low selling SKUs – to support customers buying other items (hopefully in larger quantities). It may be worthwhile to encourage them to keep coming back to you for all of their product needs and this may be a way to accomplish that. But it helps to understand that this is truly the case and not assume that this customer would not be equally happy with another, more popular, SKU.   Steven Lustig is founder and CEO of Lustig Global Consulting and an experienced Supply Chain Executive.  He is a recognized thought leader in supply chain and risk mitigation, and serves on the Boards of Directors for Loh Medical and Atlanta Technology Angels.

Jul 9, 2024
Atlanta
Business Value Growth

Owners are a Minority

John Dini of The Exit Planning Coach is a member of XPX San Antonio
John F Dini
The Exit Planning Coach
3 weeks ago

When it comes to careers, business owners are a minority of the population. In conversations this week, I mentioned the statistics several times, and each owner I was discussing it with was surprised that they had so few peers. According to the Small Business Administration (SBA), there are over 33,000,000 businesses in the US. Let’s discount those with zero employees. Many are shell companies or real estate holding entities. Also, those with fewer than 5 employees, true “Mom and Pop” businesses, are hard to distinguish from a job. The North American Industry Classification System (NAICS) Association, lists businesses with 5 to 99 employees at about 3,300,000, and 123,000 have 100 to 500 employees (the SBA’s largest “small business” classification.) Overall, that means about 1% of the country are private employers. Owners are a small minority, a very small minority, of the population. Even if we only count working adults (161,000,000) business owners represent only a little more than 2% of that population. So What? Where am I going with this, and how does it relate to our recent discussions of purpose in business exit planning? It’s an important issue to consider when discussing an owner’s identity after transition. Whether or not individual owners know the statistics of their “rare species” status in society, they instinctively understand that they are different. They are identified with their owner status in every aspect of their business and personal life. At a social event, when asked “What do you do?” they will often respond “I own a business.” It’s an immediate differentiator from describing a job. “I am a carpenter.” or “I work in systems engineering,” describes a function. “I am a business owner” describes a life role. When asked for further information, the owner frequently replies in the Imperial first person plural. “We build multi-family housing,” is never mistaken for a personal role in the company. No one takes that answer to mean that the speaker swings a hammer all day. Owners are a Minority We process much of our information subconsciously. If a man enters a business gathering, for example, and the others in the room are 75% female, he will know instinctively, without consciously counting, that this business meeting or organization is different from others he attends. Similarly, business owners accept their minority status without thinking about it. They expect that the vast majority of the people they meet socially, who attend their church, or who have kids that play sports with theirs, work for someone else. There are places where owners congregate, but otherwise, they don’t expect to meet many other owners in the normal course of daily activity. This can be an issue after they exit the business. You see, telling people “I’m retired” has no distinction. Roughly 98% of the other people who say that never built an organization. They didn’t take the same risks. Others didn’t deal with the same broad variety of issues and challenges. Most didn’t have to personally live with the impact of every daily decision they made, or watch others suffer the consequences of their bad calls. That is why so many former owners suffer from a lack of identity after they leave. Subconsciously, they expect to stand out from the other 98%. “I’m retired” carries no such distinction.       This article was originally published by John F. Dini, CBEC, CExP, CEPA on

Jul 1, 2024
San Antonio
Owner Life & Legacy
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