"Employees are an important component of a successful business, and it's important for them to know they're getting the benefits of a solid approach to HR."
A
busiiness enters the world of HR as soon as it hires its first employee. From
recruiting and payroll to health benefits and terminations, almost every step
of running a business involves some aspect of the HR function.
The
entire range of employment laws and regulations quickly becomes a key part of
your business calculus. And the rules differ from state to state, industry to
industry and even city to city, which requires an expertise beyond the skills
of many business owners. Dealing with compliance is typically the reason a
company hires its first HR professional.
"Most
people think about federal laws, but states and cities often have measures in
place that are more generous to employees," explained Heather Breen,
SHRM-CP, human resources manager for B&R Auto Wrecking in Albany, Ore. All
it takes is one lawsuit to shock business leaders into a better understanding
of HR's role, she says.
In
fact, not knowing about a particular regulation is never a defense against
violating it, say employment attorneys. Yet many small companies still don't
give HR the priority it deserves. According to ADP—a global provider of
cloud-based human capital management solutions—HR responsibilities at more than
two-thirds of U.S. small businesses fall to the company's owner or a designated
non-HR employee. These "ad-hoc" HR managers, as ADP calls them, don't
particularly like dealing with employment issues, and few of them have any HR
training.
That
kind of situation "is a real peril," said David J. Baker, SHRM-SCP,
managing director and chief executive of Human Capital Advisors, an HR
consulting firm in Pittsburgh.
"Most
people roll the dice until they get into some situation where serious problems
become apparent or there's an incident," he said.
The
reason business owners often fail to address even basic HR issues is simple,
Baker said: They don't want to spend the money. Yet by neglecting their
employment practices, they're putting themselves at great financial risk. On
the other hand, employees are becoming more sophisticated about workplace
rights—and filing a complaint with agencies like the Equal Employment Opportunity
Commission (EEOC) is free, he noted.
"You
have to weigh cost versus risk."
Baker
tells of one company that faced a $180,000 penalty from the EEOC after an
employee filed a complaint over a senior manager's "demeaning
behavior" toward her.
"They
said they weren't even given a chance to resolve the issue internally," he
recalled. An employment attorney was able to negotiate a lower "but still
significant" settlement, but the end result remained: The business paid
dearly for letting one manager's pattern of bad behavior go unaddressed. HR was
handled by the company's office manager, who "didn't know what to
do," Baker said.
"She
and everyone else thought the manager was just a jerk because he behaved that
way all the time."
If
you're joining a small business as its first HR professional, or if you're a
business owner who is ready to recognize the importance of HR, here are the key
issues you need to address first.
Know That You Don't Know It
All
Where
do you begin? Although there isn't a consensus among experts about what a
company's first step into HR should be, the general theme is "compliance
and documentation."
Breen
said hiring compliance is the first issue to examine: Be sure forms such as the
I-9 (which verifies an employee's eligibility to work in the U.S.) and W-4
(which records the information needed to calculate an employee's federal tax
withholdings) are properly handled, and confirm drug-testing and other
onboarding steps are in sync with applicable regulations.
Mike
Ciavolino, president of Shore Creative Group, a recruitment marketing agency in
Long Branch, N.J., believes creating a well-organized file for each employee is
the way to start. The file should contain the individual's resume and payroll
information, and grow to include basic employment data such as performance
reviews and raises, he said.
Also,
you must document policies and procedures and make sure your employees
understand them. "If you don't write policies down, you're setting
yourself up for trouble," Breen said. Without documentation, any disputes
boil down to your word against the employee's, "and you'll almost always
lose." Although you should ultimately create a full employee handbook, a
letter to each employee containing his or her job description, manager's name
and basic expectations affords some short-term protection.
Focusing
on employee salaries exclusively is a common mistake. Compensation costs were
uppermost in M.J. Shoer's mind when he took on his first staffer at Jenaly
Technology Group, a managed services provider in Portsmouth, N.H. However, he
knew—from observing the hiring processes at companies he'd previously worked
for—that he should consult with his accountant and attorney before making any
job offer to better understand what a complete compensation package should look
like.
His
advice to small business owners about HR: "You have to make sure you
understand what you're required to do, such as including full medical and
dental coverage, paid vacations, tuition reimbursement and other key aspects of
a competitive compensation plan.
Create a Thorough HR
Function
Whether
you handle it yourself or delegate the responsibility to others, you must
ensure the company includes the following "must have" components in
your HR function, according to veteran HR practitioners, business owners and
consultants:
Payroll.
Recruiting
and hiring.
Management
of the company's benefits, including the 401(k) if there is one.
Time
tracking for vacations, other days off and billing.
Oversight
of firings, layoffs and resignations.
These
tasks can be outsourced, but even if you hire an HR vendor or a consulting firm
to handle these functions, you still need someone within the company to manage
that relationship. Ultimately, your business bears responsibility for dotting
the i's and crossing the t's.
Most
experts believe farming out payroll is a no-brainer, along with health
insurance and benefits. However, the dynamics of your industry also play a part
in deciding what to outsource. For example, Breen finds it cost-effective to
have a vendor handle the Occupational Safety and Health Act (OSH Act)
compliance management.
Very
often, "it's easier to hire someone than to train someone," she said,
especially when the work involved isn't among your organization's core competencies.
Maintaining a compliant workplace is different from managing compliance, and
"there are a lot of ways to hire the expert rather than be the expert or
have one in-house," she said.
Understand Outsourcing
The
research firm Gartner reports that about 80 percent of all companies outsource
at least one HR activity. That's not surprising when you consider the growing
body of laws and regulations affecting HR and the time it takes to address
them. According to ADP, the average ad-hoc HR person spends about 20 percent of
each workweek on employment issues, which equates to nearly 700 hours a
year.
For
these reasons, many business owners who say they're too small to add a
full-time HR professional agree that hiring an HR consultant makes sense. Even
if you don't engage in a long-term relationship, occasional discussions
"will give you some things to think about," Shoer said.
"If
you stay small, at some point you're going to work with one," he
said."
How
much do HR consultants charge? The range varies based on a number of factors,
such as the scope of work and region. But generally an hourly retainer will
cost between $175 and $300, whereas a monthly retainer will run between $1,000
and $2,500, Baker said.
Candida
Pangaldi, vice president of human resources and operations for Digital Brand
Expressions, a Princeton, N.J., digital marketing agency with a full-time staff
of six, relies on an HR consultant to ensure her company's HR is managed in the
best way possible.
"The
first thing to do is get a resource who can provide advice and solutions,"
she said. Although you may not know all of the HR intricacies, HR consultants
do, "so they can manage a lot of the [mandated] paperwork and make sure,
for example, you're hiring and firing properly."
Shoer,
who built his company to 12 employees by the time he sold it in late 2015,
oversaw most of Jenaly's employment matters himself. Some tasks, such as
managing benefits, he delegated to his office administrator.
At
one point, he hired a consultant to run HR, but "it wasn't a good
match" in terms of employee experience, he recalls. Although another firm
might have provided a better solution, he listened to his staff's concerns
about losing access to him and decided "outsourcing wasn't worth it."
Looking back, however, he believes he should have found a different consultant
because of the demands on his time.
HR Is an Ongoing Process
Because
employment law is always changing, one of your greatest challenges will be
simply keeping up.
Although
consultants and HR vendors can help here, too, business owners and
small-company HR professionals need to keep abreast of core information. Both
trade and local business groups can be good resources to help you execute HR in
the appropriate business or regional context. Pangaldi tracks developments
through the benefits and insurance firm she works with, whereas Ciavolino
regularly reads HR websites such as www.shrm.org. Breen joins government
listservs, which she says most agencies maintain, and contacts officials
directly when she has questions.
"I'll
call an agency 20 or 30 times a year, and they're always helpful," she
said.
Bear
in mind that monitoring regulatory changes is as much about planning as it is
about keeping current. In many cases, regulations are phased in, and employers
are required to take certain actions before a law goes into effect, Breen
notes.
"You
have to think about tracking things to make sure people are getting what
they're supposed to be getting," she said.
For all this talk
about processes and regulations, business owners say prioritizing HR is
important for reasons that go beyond protecting the company. Many echo
Pangaldi's belief: "Employees are an important component of a successful
business, and it's important for them to know they're getting the benefits of a
solid approach to HR."