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Entrepreneur Startup Model > Step 5:
Employees
A.- Finding Employees
People are the key to the success of your
business. Finding the right people is important. Make sure
your employees have the skills, experience, and training
they need, and pay them competitively. Once you have
identified the skills needed for the positions you want to
fill, there are many sources that can help you recruit job
applicants.
Public Services
Each State has an employment service (often called Job
Service, Public Employment, Unemployment Bureau, or
Employment Security Agency). All are affiliated with the
United States Employment Service, and local offices are
ready to help businesses recruit employees. The employment
service will screen applicants with aptitude tests if they
are available for the skills you specify.
Fee-Based Searches
Employment agencies specialize in finding industry or
skill-specific employees. The primary advantages are the
professional screening services provided by such agencies,
including background checks and aptitude tests. Employers
typically pay a considerable fee to the agency for its
services.
Online job sites such as Monster.com are still the fastest
growing method for employer-employee matchmaking. These
specialized sites, along with the online classified sections
from major newspapers, often provide the largest pool of
prospective employees. However, most online sites do not
offer the professional screening services offered by
employment agencies. Additionally, businesses advertising on
such sites are often inundated with applicants.
Interns
Colleges and universities usually have a distributive
education program in which students work for you part-time
or volunteer as interns while they learn about your
business. Interns typically expect to learn skills or useful
information relevant to their chosen field of study. Prior
to contacting a school regarding interns, make sure that you
have a clear idea of how an intern will benefit from working
with you. If you're looking for someone to do clerical work
with little or no opportunity for learning on the job, it's
generally best to hire low cost help instead.
"Help Wanted"
If you have a traditional storefront and are seeking
generalists, one of the oldest and most reliable recruitment
tools is a simple sign in your window. The most obvious
advantage to this recruitment method is that it is free.
There are serious disadvantages, however, including
attracting unqualified applicants with a vast variety of
skill sets, and the difficulty of talking to prospective
applicants while conducting business.
Alternative Staffing Solutions
How do you cope with unexpected personnel shortages? Many
businesses face this question because of seasonal peaking,
inventory, special projects, several employees
simultaneously on sick leave, or an unexpected increase in
business.
Entrepreneurs must also cope with the rising costs of
employee benefits, as well as all the payroll record keeping
required by local, state, and federal government. This
section discusses alternatives available to meet these
staffing challenges. Options include temporary help
services, employee leasing, professional employer
organizations, and service contracting.
Temporary Help Services
Most businesses need extra help sometimes, and temporary
shortages are especially difficult for smaller businesses. A
temporary personnel service hires employees and assigns them
to companies requesting help. The service is responsible for
payroll, bookkeeping, tax deductions, workers' compensation,
fringe benefits, and all other employee costs. Most national
temporary personnel companies also offer performance
guarantees and fidelity bonding at no added cost.
Workers supplied by a temporary service firm are quickly
available. Usually they can start the day after a request is
made, and sometimes the same day. Although the rate paid to
a temporary service firm is higher than that paid to a
permanent employee, the costs of recruiting, record-keeping,
training, overtime, and idle periods are much less.
Evaluate temporary personnel services using these factors:
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Reliability: Is the service well
established, with a history of success and financial
stability?
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Recruiting: The firm with an
aggressive recruiting program is more likely to have the
most skilled and reliable employees.
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Testing and evaluation: How does it
test and evaluate personnel?
Training programs: Does the company train personnel in
modern office methods, word processing, records
management, and other important skills?
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Quality control: Does the company
check the quality of work of its temporary employees?
A temporary service will ask for information about the
department the employee will be working in, duration of
the assignment, working hours, dress code, smoking
rules, and other important information. If possible,
send samples of the work. Be sure to give the exact
location of your business, transportation available,
parking information, and the name and title of the
person to whom the temporary employee will report.
Temporary help services are not
appropriate for all needs. Businesses needing a temporary
worker for six months or longer should hire a full-time
employee. For jobs that require extensive supervision, it
may be cheaper to pay overtime to a regular employee than to
use a temporary worker.
Employee Leasing
Employee leasing is sometimes confusing because it may
refer to activities similar to employing temporary personnel
or it may be similar to the co-employment arrangement of
professional employer organizations (see below). If you are
depending upon the leasing company to provide personnel,
(including identifying, skill sorting, hiring and assigning
them to your business) and these workers would return to the
leasing company for reassignment should your need for them
end, then the service is basically the same as temporary
services. If, on the other hand, you are depending upon
another company to supply the management of human resources,
employee benefits, payroll and workers’ compensation for all
of your work force, then this is a co-employment or
professional employer organization arrangement as described
below.
Professional Employer Organizations (PEOs) or
Co-employment
In a professional employer organization arrangement, the PEO
will co-employ your existing work force and will become a
legal employer responsible for payroll, record-keeping,
benefits and services, and participation in hiring,
evaluation and firing. In the PEO arrangement, employer
responsibilities are shared or allocated, with the PEO
focusing on the management of human resources, employee
benefits, payroll, workers’ compensation and related
employment-related issues, while you focus on the core
operations of your business.
Advantages:
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Savings of time that was formerly
spent on employment-related paperwork and meetings with
various outside agents (health insurance agent, payroll
company and others).
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Improved access to employee benefits.
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Help with employment law compliance
issues, personnel policies and employee handbooks.
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Records that are uniform and easily
audited.
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Claims management for workers’
compensation and unemployment.
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Professional advice on human resource
issues.
Disadvantages:
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Employer retains responsibility for
productivity and conduct.
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Certain labor union contracts or
state laws might keep certain employers from using
co-employment arrangements.
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Co-employers require the value of one
full payroll in an escrow or trust account in addition
to regular payroll costs.
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Additional federal protections may be
available to workers as part of the PEO’s large labor
force that is co-employed by multiple small businesses.
This can impose new requirements and costs on the small
business.
Service Contracting
Because of the infrequency of the need or the specialized
nature of the work, many business needs are better met by
contracting for the service rather than hiring permanent
employees.
Services often contracted include:
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Security
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Janitorial
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Waste management
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Equipment/mechanical maintenance
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Merchandise delivery
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Payroll accounting
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Printing
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Data processing
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Messenger
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Grounds upkeep
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Interior decorating
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Building upkeep (remodeling, roofing,
painting)
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Specialized services (installation,
servicing and cleaning of appliances, carpeting, and
furniture)
In these situations you enter a contract
with a business to perform specific services, during a
specific period or at a specific time, for a specific price.
The terms of the contract cite responsibility for providing
any materials or equipment necessary to perform the service
and other requirements for successful completion. It is the
contracting firm's responsibility to provide staff, pay
them, and supervise them.
When contracting for services, it is wise to require:
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References from other companies that
have used the contractor and will comment on the quality
of contract performance.
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Certificates of insurance
demonstrating that the contractor has adequate liability
and other coverage for its employees.
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Copies of required licenses for
performance of certain services.
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Appropriate warranty or guarantee on
the quality of the work.
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Clear payment schedule including
possible retainage (holding back of a portion of
payments) pending satisfactory completion of a project.
Proposals for services usually are
presented and detailed on standard forms designed by the
contractor. It is wise to have your legal counsel review the
terms of the documents before you sign them, to avoid any
misunderstanding of your obligations. Such a review also may
suggest amendments benefiting you that are also acceptable
to the contractor.
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B.- Employees Taxes
If you have employees, you are
responsible for paying various federal, state, and local
taxes. Some of these apply to employers, some are levied
upon employees, and some apply to both. You are also
responsible for the timely payment or deposit of any
employment taxes that are withheld or that you are
responsible for paying as an employer. As an employer you
should be familiar with the following payroll taxes:
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C.- Employment Law
The laws and regulations governing
employees in the workplace are grouped in four major areas:
BusinessLaw.gov, an online SBA sponsored
resource guide designed to provide legal and regulatory
information to America's small businesses, contains
information on the laws and regulations that govern the
hiring process. The following related topics are addressed
under the section dedicated to managing employees:
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Hiring Issues
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Discrimination
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Wage Laws
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Privacy Issues
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Hour Laws
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Required Posters
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Minors
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Termination
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Health and Safety
For more information on this topic: US
Department of Labor Employment Law Guide
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D.- Employee or Contractor?
Independent contractors are individuals
who are in business for themselves and hire out their labor
to clients. Often, business owners prefer to hire
independent contractors rather than maintain employees
because of the contractor's unique advantages. By hiring an
independent contractor, the small business owner does not
have to pay the employer's portion of the Social Security
tax, unemployment taxes, workers' compensation insurance
premiums, or employee benefits - thereby saving 30% or more
in employee costs.
Employers are cautioned to be extremely careful not to
misclassify a worker as an independent contractor. Such
misclassification can lead to the employer being held
responsible for uncollected income taxes, Social Security
taxes, unemployment taxes, and penalties for not having
adequate workers' compensation coverage.
Different federal and state government agencies have
different ways of assessing whether a worker is an employee
or an independent contractor. Among those agencies are the
IRS, the U.S. Department of Labor, state taxing authorities,
and state unemployment and workers' compensation agencies.
One commonly recognized assessment is the IRS' 20 factor
test.
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E.- Employee Benefits
Employee benefits have a significant
financial and administrative impact on a business. The
educated American work force has come to expect a
comprehensive benefits program; the absence or inadequacy of
such a program can seriously hinder a company's ability to
attract and retain the best personnel. Designing the right
benefit plan for your employees is a complex task that
includes taxes, legal aspects, funding, and selection of
vendors or administrators.
What is an Employee Benefit Plan?
An employee benefit plan protects employees and their
families from economic hardship brought about by sickness,
disability, death, or unemployment; it provides retirement
income to employees and their families; and it provides a
system of leave or time off from work.
A comprehensive benefit plan can include health insurance,
disability insurance, life insurance, retirement plan,
flexible compensation (cafeteria plans), and leave from
work. Broadly defined, a benefit plan can include other
components such as bonuses, service awards, reimbursement of
employee educational expenses, and other benefits
appropriate to employee responsibility.
Why Offer Your Employees Benefits?
Here are some of the reasons employers offer benefits:
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To attract and hold capable
personnel.
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To keep up with competition.
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To foster good morale.
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To provide opportunities for
advancement and promotion as older workers retire.
A combination of benefits programs is the
most effective and efficient means of meeting employees'
economic security needs. For many employers, a benefit plan
is an integral part of total compensation, because employers
either pay the entire cost of a benefit plan or have
employees contribute a small portion of premium costs for
their coverage.
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