Episode Transcript
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0:00
One of the number one questions that
0:00
we get inside of my big program,
0:03
breakthrough is all geared around hiring.
0:07
And so hiring, I feel like is a very
0:07
overwhelming thing for most business
0:10
owners, mostly because when we start
0:10
our business, We don't think that we're
0:13
going to hire, we really think this is
0:13
a side hustle and then it turned into
0:16
this big business and now we've actually
0:16
got to start getting other people in.
0:20
So that way we could take vacations,
0:20
prepare for long-term leaves
0:23
or really scale the business. And so I am bringing on one of
0:24
my all time, favorite HR experts.
0:29
I've actually worked with him
0:29
personally, and he is just incredible.
0:32
He's been a guest expert in my group
0:32
coaching program, breakthrough.
0:35
His name is Matt Tipton and he owns YHR.
0:38
He's incredible today's
0:38
episode I will say is probably.
0:42
I can tell you right now going to be the
0:42
most popular episode I will ever record.
0:47
And the reason why is, because what he's
0:47
about to answer for you guys in regards of
0:51
HR, he's going to talk about compliance.
0:53
what. You know the difference between the
0:54
employees versus contractors, why
0:57
this information is so important,
0:57
what exempt and non-exempt means,
1:00
what it means to actually pay people. What are those minimum thresholds?
1:04
Literally, we dive into so much that I
1:04
think I ended up having to write out two
1:07
to three pages of notes just for you guys.
1:10
And so I really recommend that you
1:10
listen in, if you need to come back,
1:14
save this episode, if you really
1:14
liked it, and you want Matt back on,
1:17
please reach out and let me know. I really hope that you have a pen
1:19
and paper because there's a lot
1:22
of stuff that you're going to want
1:22
to write down for today's episode.
2:21
Hey, everyone, and welcome back to yet another episode. I'm so excited because I am going
2:23
to bring on an amazing guest today.
2:26
You can't see him cause you can
2:26
only hear us, but he looks like
2:29
he's about to go to Hawaii. And I'm like all about this life
2:29
because you know, as everyone listening
2:33
here that I love my vacations. So he's making me want to
2:35
go to somewhere tropical.
2:37
So thank you for that. But I wanted to give a huge
2:38
warm welcome to Matt Tipton.
2:41
So I've actually worked with Matt
2:41
myself at my, my company as well.
2:44
Back, oh my gosh, I think it's almost been
2:44
like two, maybe two and a half years ago.
2:48
I was introduced to him by Ben Day, which
2:48
most of you know exactly who Ben Day is.
2:52
And so he introduced me to Matt and
2:52
he's just been such an incredible
2:55
asset, not only for myself when it
2:55
came to the hiring, but also like the
2:59
compliance and the things that are
2:59
kind of scary as a business owner.
3:03
But also he's been such a great asset for
3:03
our group coaching program breakthrough.
3:07
He's come in and supported our
3:07
students as a guest expert.
3:10
So without further ado, Matt,
3:10
cause I can talk all day,
3:12
every day about your greatness. Please feel free to introduce yourself.
3:16
Will do. And Alyssa, just thank
3:17
you so much for having me.
3:20
I love your energy. I can provide you with the
3:21
inspiration to go to Hawaii.
3:23
That's great. I will feed off of your excitement.
3:27
So yes, as you mentioned, so Matt
3:27
Tipton I, uh, own and operate.
3:31
A HR consulting firm based out of
3:31
Oklahoma city, but we, uh, support
3:35
all across the country different
3:35
businesses, small and midsize.
3:39
And to your point, we
3:39
specialize in compliance.
3:42
It's that world of, you don't know
3:42
what you don't know when it comes to
3:45
employees and that can be a scary place,
3:45
I think for a lot of business owners.
3:49
And it really doesn't matter if. If you've had your business for
3:50
several years, or you're just
3:53
getting started you know, things are
3:53
always changing in that landscape.
3:57
And so it's our job to stay on top of
3:57
it and to educate I've been doing HR.
4:03
So that's, uh, I'm one of those rare breeds. I got my degree in HR.
4:07
About close to about 20 years ago. And I literally have done it ever since.
4:11
And, YHR, we're going into our 10th
4:11
and 11th year, of being a practice.
4:17
So it's exciting times. Wow.
4:19
I didn't know it was that long. That's amazing.
4:22
Yeah. Yeah. Let's see. It's exciting. Yeah.
4:24
We're, we're definitely
4:24
blessed and thankful.
4:26
Absolutely. I can only imagine how much
4:27
has changed in 10 years.
4:31
For HR, like every day, I feel
4:31
like things are always changing.
4:35
Absolutely. And that continues to be that way.
4:38
I mean, we're, we're not sure we've
4:38
seen the department of labor just,
4:42
you know, it seems like every week
4:42
they're rolling out, you know, new
4:44
guidelines or new suggestions and
4:44
just trying to stay on top of it.
4:49
Absolutely. And how do you, I'm just really
4:50
curious just for myself, because I'm
4:52
like, my process brain is like, man,
4:52
that must be such a pain because you
4:56
have to constantly stay up with it. Where do you guys go as like the
4:58
HR like company, where do you guys
5:02
go for like your information to be
5:02
able to then therefore translate it?
5:06
Yeah. And I mean, absolutely.
5:09
We're definitely not just, scouring
5:09
all the different Department of
5:12
Labor websites across 50 states.
5:14
so we do have tools very similar
5:14
to, I'm sure, industry specific,
5:20
you know, go to type places, but we
5:20
certainly subscribe to legal software.
5:24
We subscribe to the
5:24
Society for HR management.
5:27
And so every time that there is
5:27
anything that's even a perspective
5:32
law change that's going to take
5:32
place that could impact employers
5:35
and employees, we're really far out
5:35
in front, uh, which is nice because
5:39
we're able to take that information. And I think this is key for
5:41
especially your listeners.
5:43
I hope they hear this, that not
5:43
everything applies to every business.
5:48
Yep. And so. There is so much inundation
5:49
that takes place.
5:52
We're able to at least filter that,
5:52
you know, look at our client list and
5:56
say, okay, this is who it applies to. This is who it doesn't.
5:58
And a lot of times it's still reaching
5:58
out to all of our client base so
6:03
that because they're going to hear
6:03
about it and we don't want them
6:05
thinking that we forgot about him. It's like, no, you know, you're
6:07
going to hear about this law
6:10
change, but it doesn't apply to you. And here's why.
6:12
Maybe you don't have the
6:12
right number of employees yet.
6:16
Or you may not ever. And so you just need to
6:17
put that on the shelf.
6:19
You know, that's just, that's just noise. It's going to get in your
6:21
way of doing business. Whereas others it's like, okay, you
6:23
know, you're a growing business.
6:26
You're going to hit that threshold. Let's prepare for it and let
6:28
you know what that looks like.
6:31
I like that. I think it's so funny because this
6:32
morning, not even joking with you.
6:34
One of our breakthroughs today
6:34
was talking about is it on us?
6:38
As bookkeepers and accountants to
6:38
stay on top of telling our clients
6:41
about changes with like for their
6:41
instance was, QuickBooks online.
6:45
And for me, a lot of people
6:45
are like, no, it's not on us.
6:48
It's not on us. Like that's their job to like, look at
6:49
the emails from, you know, the software.
6:53
And I kind of went against what everybody
6:53
was saying, which was just like, But
6:57
if you've got the update and you find
6:57
that it might be necessary for some of
7:00
your clients and it doesn't hurt to just
7:00
send that update, to just send that,
7:04
like, Hey, just so there's awareness.
7:06
Like, for example, the BOI is a really
7:06
big thing for I don't know if you've
7:09
done that process with your business. It's like a whole thing, right?
7:12
You have to register by certain day and then you're fine. Like 500 every day.
7:15
Like it's crazy. And I might even like be saying it wrong,
7:16
but so nobody quote me, don't come after
7:21
me, but what I'm I like that you guys are
7:21
putting forward the parts where it's like,
7:27
Hey, we're going to loop everyone in. And if it's going to affect
7:28
you, we're going to help you. Because I think that that's where
7:30
in the accounting space, I do like
7:33
to be that resource for our clients,
7:33
even though like, yeah, people
7:37
say it's tedious, but it's like,
7:37
That's why you need to have a team.
7:39
So you're not researching it,
7:39
put it on someone else's plate.
7:43
It's so true. And, you know, HR, I think can sometimes
7:44
be a little bit notorious for being a very
7:48
reactive style for a lot of employers,
7:48
even, even, even on the corporate
7:54
HR side, HR can be very reactive.
7:56
So something happens, an event takes
7:56
place, an audit takes place, you
8:01
know, there's some sort of lawsuit
8:01
that takes place and all of a sudden
8:03
you are reacting to that situation.
8:06
And you typically find gaps
8:06
in your processes as a result.
8:09
And it's like, okay, we need to fix this. And so, you know, when we started and
8:11
I, you know, kicked off YHR you're still
8:16
going to have those reactive moments,
8:16
but we want to build ourselves and we
8:20
want to be education first proactive
8:20
HR so that we're as much out in front
8:26
as possible and we're educating. You know, I mean, it's, it's not often,
8:27
but sometimes that we educate our
8:32
employers and say, Hey, this is, this is
8:32
a risk and you need to be aware of it.
8:36
And sometimes as a business owner,
8:36
they say, you know what, I'm going
8:39
to take the risk and that's okay.
8:42
As long as you're informed and you
8:42
understand, you know, what's good
8:45
risk and what's bad risk and what that
8:45
could lead to, what that looks like.
8:48
Yeah. And we want to be that. Yeah, and you want to be that those people
8:50
who are like almost the liaison between
8:54
the information and the jargon because
8:54
for me, if you put that, sometimes when
8:58
you, when we have talked and you're like,
8:58
you say the things that have to be inside
9:01
the statement, I'm like, I don't even
9:01
know what you're saying, but I know that
9:04
you're like, this is really important
9:04
that you put it in there, but you also
9:06
say in a way where it's like, this is
9:06
going to sound like, Crap, but it's not.
9:10
It's very important that you
9:10
put this key sentence key.
9:13
That's right. You know, whatever that is. And you're like, we have got to do it.
9:16
But here's what I'm trying to tell
9:16
you in like Alyssa Plain terms,
9:20
which I've always appreciated
9:20
because you don't like speak over.
9:22
And I think a lot of people sometimes
9:22
forget that you're so well versed in
9:26
your space that sometimes we forget
9:26
that we're talking to people who are
9:29
like, what are you talking about? And that's fair.
10:38
I mean, I, certainly appreciate that
10:38
when I'm You know, obviously talk
10:41
it to whether it's my attorney or my
10:41
bookkeeper or CPA that they make it
10:47
in a way that I understand, because
10:47
that's an area that I don't know.
10:49
And I need to be informed. Exactly.
10:52
So I think you segued beautifully
10:52
without really recognizing into the
10:56
conversation, I think is the biggest
10:56
in the space that I see a lot, which
10:59
is compliance, So one big, I would
10:59
say probably mistake in our industry.
11:04
And I'm sure it's not just our
11:04
industry is that a lot of people
11:08
just think that they get to define,
11:08
oh, it's going to be a contractor.
11:11
Oh, it's just going to be an employee. I get this all the time
11:12
inside of our breakthrough.
11:14
Right? So like, that's why we brought you in. Cause I was like, I can't tell you
11:16
guys what to do because it's based off
11:19
certain compliance rules, regulations.
11:22
So I would love for you to kind of blow
11:22
the minds of people who are wanting
11:26
to hire to just familiarize them with
11:26
the importance of this conversation.
11:31
No, that's spot on. It is, it's extremely important
11:33
and for a couple of reasons.
11:36
So, right now, if you were to go
11:36
out and just do your own search
11:40
on the, the latest legal update
11:40
related to the employer landscape.
11:46
Regardless of what state you're in,
11:46
whoever is putting on that seminar,
11:50
if they're speaking to employers,
11:50
one of the hottest topics that's
11:53
gonna come up is misclassification.
11:56
Of employees and independent contractors.
11:58
It's one thing that for years
11:58
has been tracked by the IRS.
12:03
And they have their, their testing. And we'll, I'll talk a
12:04
little bit about that. But now the Department of Labor
12:06
has jumped in and created their
12:10
testing that goes into this. And so what we're talking about for your
12:11
listeners is that, okay, you know, you're
12:15
at that point, you need to hire somebody.
12:18
One of the defaults that we
12:18
have is that we say, Oh, we'll
12:21
just make them a contractor. We don't have to worry about taxes.
12:24
You know, they'll get paid
12:24
exactly what we agree to and
12:27
what that rate is going to be. And, you know, wash our
12:29
hands of it and we're good.
12:31
And that's just not how it works. There are regulations in place that
12:33
define what a contractor is and
12:37
that define what an employee is.
12:39
And the most simplest way that I can
12:39
put it in the way that the IRS looks at
12:43
it as well as the Department of Labor
12:43
is we call it the behavioral test.
12:47
And what we're looking for is
12:47
control, controlling the behavior.
12:52
I always like to use the example
12:52
of somebody that mows your lawn.
12:57
You know, you pay somebody to mow your lawn. Do you provide them with the equipment?
13:01
Do you tell them what time to show up? And you know, no, you don't.
13:04
You, you pay a lawn company and they show
13:04
up and they mow your lawn when they fit it
13:10
into their schedule and they get it done.
13:12
And then they send you an invoice. Now, if you own an apartment complex,
13:14
that was your business and you had
13:18
a groundskeeper and you kept the
13:18
tools to take care of the lawn and
13:23
you know, in your shed that would be
13:23
an employee because those are your
13:26
tools and you employ the lawnskeeper.
13:29
And they come in and they,
13:29
they take care of the grounds.
13:33
And so that's what we're talking about.
13:35
And a lot of times, especially with,
13:35
we'll bring it back to bookkeeping and
13:40
as some of your listener base that's
13:40
a common mistake and that, you know,
13:44
are you really hiring a contractor
13:44
that owns their own equipment that
13:48
really runs their own business? Are they solely working for you?
13:51
Are they working for other people as well? And if you're someone that's growing
13:53
a business, you're like, well, I don't
13:56
want them to work for other people. Okay. Well, you've pretty much summed it
13:58
up right there that you're hiring an
14:02
employee and not a contractor, and that
14:02
comes to licenses, that you subscribe
14:08
to, that you allow them access to. In other words, they don't carry their
14:10
own license for whatever you know,
14:13
tools, software that you're using. These are all things that
14:15
factor into that control space.
14:19
And, and you have to weigh both
14:19
sides because when you look at
14:23
misclassification and penalties, there's
14:23
a reason that the conversation never
14:27
goes away in all these legal seminars.
14:31
It's because it's one of the largest
14:31
audits that takes place for employers.
14:35
it's very easily detected.
14:37
you decide that you're not, you're going
14:37
to part ways with one of your contractors.
14:41
And a lot of times those contractors
14:41
don't really fully understand what it is.
14:46
you know, they just know they're
14:46
getting paid, but all of a sudden
14:48
they're not getting paid anymore. What do they do? They file unemployment.
14:51
Well, since you paid them as a contractor,
14:51
they didn't pay into unemployment.
14:55
There's nothing there. And so what happens is that kicks over
14:56
into that Department of Labor space.
15:01
It says, Hey, what's going on? And it starts opening up
15:02
that door into your business.
15:05
Where again, there can be audits
15:05
and penalties and back pay and
15:09
taxes and things that catches up
15:09
to you that you had no idea about.
15:13
And so it's just, it's real important.
15:15
You know, this is also a space that
15:15
the regulations, they don't loosen.
15:21
They only get more strict. And I think that's important.
15:24
Yeah. So in other words, every time that we
15:25
see another rollout, when it comes to
15:29
independent contractors versus employees,
15:29
very rarely, if ever we seen something
15:34
come into play that makes it easier.
15:36
For somebody to be a contractor
15:36
versus employee whenever
15:39
they're working for somebody. Typically it's, it's again,
15:40
like the Department of Labor
15:43
was the latest to jump in. It's always been an IRS
15:45
issue for the most part.
15:47
They say, you know, we want to play ball too. And so they came out with
15:49
their regulations and for the
15:51
most part they're the same.
15:54
It's all about control and who has it.
15:56
that's what we have to look at as
15:56
business owners and make sure that
15:59
we stay on the right side of that. Yeah, and I, I think that the one part
16:01
that I can even say for myself, because
16:06
going through this process of, you
16:06
know, the first person I ever hired
16:08
was one of fail, not because of them.
16:11
It was all because of me because
16:11
I did not know what I was doing.
16:13
But the first couple of hires I
16:13
made were always like, Oh, they're
16:17
a contractor because I want to
16:17
pay them a set fee in my mind.
16:20
It was always like, This weird
16:20
justification of why I was going to
16:23
be able to pay them that specific
16:23
way, AKA meant contractor, AKA meant I
16:28
don't want to pay into employee taxes
16:28
because I don't want to have to do that.
16:32
And then over time, I think it was
16:32
when I was like starting to rapid hire.
16:35
That's when I started reaching
16:35
out to you guys specifically
16:38
for workflow queen at that time. And I remember just
16:39
being really overwhelmed. And I think I got on a
16:41
call with you and Ashley. I know Ashley, she still
16:43
works with you, right? I love her.
16:45
She does. Yeah. Love her. Um, so we were, I remember us all on
16:47
the call and I was like, wait, what?
16:51
And I can't even decide
16:51
between salary and hourly.
16:54
Like once you guys like concluded
16:54
the information about employ, I'm
16:58
sorry, employee versus contractor. It was then the question of, And I
16:59
thought that I got control over that.
17:03
So I did have a question that I know
17:03
is going to come up for other people.
17:06
Where is the drawing line that
17:06
we're allowed to, in the case of a
17:10
contractor, drawing line where we
17:10
say they're in our QBO because we
17:14
have to add them to it, or we have to
17:14
add them to our last pass, which is
17:18
where we store all of our passwords. Where does it become actual control
17:19
versus like, we're just giving
17:24
them the access that they need
17:24
in order to do the necessary job.
17:27
And the other part of that
17:27
question is the process, because
17:31
I'm really process driven. I want someone to follow a process.
17:34
Where does that line get drawn? Yeah.
17:37
That's a really tough thing to answer. And obviously go ahead and
17:38
put this and I'll go ahead and
17:41
put this disclaimer out there. I'm not an attorney, so I want to make
17:42
that very clear to your listeners.
17:45
but this is not out of our
17:45
realm and territory either.
17:48
So when we talk about you
17:48
know, weighing the scales.
17:51
The scales of, and that, and that's
17:51
truly part of it, you know, is giving
17:55
somebody access who, again, they're
17:55
running their own business, they're
18:00
doing their own thing, but I want to
18:00
utilize them for my business, which
18:05
requires me to give them access, they're
18:05
using their own tools, they represent
18:10
themselves, they're just going to be
18:10
specifically doing these deliverables
18:15
for me, which requires them entry into.
18:18
Fill in the blank, you know,
18:18
your QBO, whatever that may be.
18:21
and in our world, I look at that
18:21
and I was like, yeah, that's
18:23
completely reasonable, right? There's still an independent contractor
18:25
due to all the other factors outside of
18:30
this one, you know, point of entry that
18:30
they need to have access to in order to
18:33
do what I'm contracting them to do for me.
18:36
Gotcha. So it's more like what I'm
18:36
also hearing is talk to an HR
18:40
professional, but maybe legal. Yeah, I think if, know, keep in mind,
18:41
we, we have a lot of, employment
18:45
attorneys that we work with. We have good relationships with,
18:46
and certainly if there's anything
18:50
that is on the border, For sure.
18:52
Let's just not not clean cut. And even then legal is going to tell
18:54
you, you know, very similarly, you know,
18:58
some of the same stuff that it's like,
18:58
okay, this is our best advice from what
19:02
we've seen, because it's all about past
19:02
precedent, you know, have we worked with
19:05
somebody that's done the exact same thing? And how did it work out for them?
19:09
And and that's very true in as
19:09
much as it is in the legal space.
19:12
And I'll let them speak to that. But in the HR space as well.
19:15
It's like, what have we
19:15
Actually seen happen to our
19:18
own clients and past precedent. You know, should there have
19:20
been, you know, some sort of an
19:22
audit for, for one of our clients
19:22
in that exact same scenario.
19:25
So definitely experience helps for sure.
19:28
And what we've seen. Yeah. I always recommend like when that
19:29
conversation comes up, especially
19:32
because breakthrough, that's where
19:32
we teach hiring and I have to be very
19:35
clear, even on our own sales page
19:35
that we do, we are not HR consultants.
19:38
We are not here to give you legal advice.
19:41
We get asked all the time. Do you, you know, give contracts? I'm like, nope, because
19:43
my lawyer told me not to. Right.
19:46
I don't want to be, she's like,
19:46
do not be liable for that.
19:49
They can go hire someone. So what I've done is connected with you,
19:50
do what my lawyers brought you both on
19:55
actually as guest experts so that people
19:55
knew how to connect with you guys and
19:58
work with you or get support from you. I pride myself in being that person who's
20:00
come kind of like the bridge between
20:03
the gap of like, I may not be able to
20:03
support y'all on everything, but I can
20:07
definitely do with someone who can which
20:07
has been really cool to like experience.
20:11
But another thing that comes up a lot
20:11
for this conversation is in our space.
20:16
Specifically, there's a lot
20:16
of people who like to pay.
20:19
their team members in different ways. So obviously there's employee,
20:21
obviously there's contractors, but
20:23
one of the big things is I'm just
20:23
going to pay someone per client that
20:26
they do a certain percentage, right? So like a percentage of the fee, if
20:28
the fee is a hundred dollars, they
20:30
pay them 30 percent of the fee. So, you know, the team members making
20:32
30 per client that they finish.
20:35
A lot of people justify it by, you know,
20:35
it makes them more efficient because then
20:38
they could, if they can get their work
20:38
faster, they can have more capacity for
20:41
more clients, therefore make more money. Sure.
20:44
And, I'm wondering if that's, that's,
20:44
is that, I wouldn't say okay, but is
20:49
that something that when someone is
20:49
paying their contractor, they're free
20:52
to essentially pay them as they please?
20:55
If it truly is a contractor, and so a
20:55
1099 based agreement that is, yes, I
21:01
mean, you basically are, you know, you're
21:01
coming to terms on this is how because
21:05
that goes back to the behavioral test. Part of the behavioral test is the
21:07
financial test, and the financial test
21:11
talks about profit and loss, and so
21:11
as a contractor, I'm responsible for
21:16
if I make money or I don't make money. So, you know, if it takes, if I agree
21:18
to a certain fee percentage with you
21:23
of 30 percent of the fee it's to my
21:23
incentive, right, to get that done as
21:28
quickly as possible because that, my own
21:28
time that I'm spending to do my work.
21:34
Right. It's going to be worth more
21:34
if I'm able to do it faster.
21:37
And so again, I'm in control of the
21:37
profit and loss of the work that I do.
21:42
Does that make sense? Yeah. You actually like, just, it kind of
21:43
clicked in my mind when you explained
21:46
it in the way that you did, where you
21:46
said that ultimately it's like they
21:50
get to control it because if they can
21:50
control their speed, therefore they're a
21:53
contractor because they can control that. That's a really interesting perspective.
21:57
Cause it just seriously, just like clicked. I'm like, how many years has
21:58
it taken for things to click? Yeah.
22:01
Here we are. I get it.
22:03
Absolutely. Yeah. It's too much. So what I'm hearing though on the
22:05
other end of that is employers,
22:08
or I'm sorry, employees. So employees in this case, in
22:09
that scenario may not get that
22:13
type of opportunity essentially.
22:16
Yeah. So that's very much so. . I mean, there's definitely some
22:18
nuances and, you know, we can get
22:21
creative, but there's something
22:21
that you can't get creative on
22:24
is, is mm-Hmm, a couple of things.
22:26
so we've determined that
22:26
they're not a contractor and
22:28
they're going to be an employee. Well, now that you move over to the
22:30
employee space, we've entered into
22:33
the realm of Department of Labor. And the Department of Labor, when
22:35
it comes to employee status, is
22:38
governed by the Fair Labor Standards
22:38
Act, so FLSA for your listeners.
22:42
And underneath that umbrella,
22:42
they dictate, if somebody
22:46
is exempt or not exempt. And when we say the word exempt,
22:48
what we're actually saying is
22:51
they are exempt from overtime.
22:53
So, depending on where you work
22:53
and what state you're in, you
22:57
have to go by those overtime laws.
22:59
For our purposes, the majority
22:59
of the states that are out there.
23:03
it's based on a seven day cycle in a
23:03
40 hour work week, so 40 hours within
23:09
seven days, whether that's Monday
23:09
through Sunday or Sunday through
23:12
Saturday, however you set it up, you
23:12
have to establish your seven day cycle.
23:17
And so when we say exempt and
23:17
non exempt, what we're saying is
23:20
again, you're exempt from overtime,
23:20
meaning you can pay them on salary.
23:25
Okay, and I'll talk a little
23:25
bit about that in a second.
23:27
So let's just say they're non exempt. So non exempt meaning that they're paid
23:29
hourly and they are eligible for overtime.
23:35
So time and a half for anybody that
23:35
works over 40 hours in a seven day cycle
23:39
that you've established as a business. That is the benchmark.
23:44
So when we talk about percentages,
23:44
and we talk about how else we can
23:48
pay them, you still have to be able
23:48
to show the Department of Labor,
23:52
should you be audited, that they
23:52
still made more than minimum wage
23:57
for the hours that they put in. Okay, so there's still a math
23:58
equation that exists in there.
24:02
So it's always, it really just comes down
24:02
to hours paid for hours worked and you
24:08
can't pay somebody less than minimum wage. And we know that, you know, their
24:09
minimum wage is different by state and
24:14
some states is different by county or
24:14
city or township or whatever it may be.
24:19
So you have to be aware of that as well. Now most, I'm sure, of your
24:20
listeners, I mean, if you're paying
24:24
fair market wages, you're not going
24:24
to, you know, come close to that.
24:27
But, if you have some of those
24:27
creative ways that you've come up
24:30
with on how you're going to compensate
24:30
your employees, if you can't clearly
24:34
show hours paid for hours worked is
24:34
always over minimum wage, you need
24:38
to take a look at your pay structure
24:38
so that you don't get in trouble.
24:41
You know, from the
24:41
Department of Labor on that.
24:44
Now let's go back to
24:44
exempt and non exempt.
24:46
So, I think this is a big topic
24:46
for especially bookkeeping firms.
24:52
bookkeepers, unless they're managing other
24:52
bookkeepers, And when we say managing
24:56
other people, bookkeepers, I mean,
24:56
actually having control over their work.
24:59
So supervising them, you know, doing
24:59
performance evaluations over them.
25:04
You have discretion to fire that
25:04
bookkeeper that works for you.
25:08
So you have a certain amount of control
25:08
over the end product, unless you're
25:13
doing those duties, typically the
25:13
bookkeeper themselves, that's punching
25:17
in, punching out, those are non exempt
25:17
employees and should be paid hourly.
25:23
Interesting. Okay. And the Department of Labor doesn't
25:25
care if you overpay somebody, they
25:29
just care if you underpay somebody. At
25:31
least pay them X number. Exactly.
25:34
Gotcha. Exactly. So that's how that works.
25:37
So we just want to make sure that our
25:37
bookkeepers that are working for us,
25:41
that are, they're punching in, they're
25:41
punching out and we're following any
25:44
of those, you know, specific state
25:44
regulations that applies to where we live.
25:49
and for the most part, again,
25:49
It's going to be, the 40 hour work
25:53
week within a seven day cycle. Now for your California listeners out
25:55
there, overtime's based on the day.
25:59
So eight hours in an actual working day. and so it does get a, it's a
26:01
little bit more complicated, but.
26:05
Yeah, for the most part, that's
26:05
that's really where everybody is
26:07
going to fall and you just need
26:07
to make sure that it's always your
26:11
responsibility as the employer. The burden of proof is on you, which
26:12
is why again, you need to have a good
26:16
time tracking system to make sure that
26:16
you can accurately show that you did.
26:21
You know, fairly pay, uh, your employees.
26:24
I love that. Well, everyone already knows that
26:24
I'm obsessed with Clockify so y'all
26:27
already gonna know that I'm gonna
26:27
talk that Clockify is our go-to
26:32
.
26:32
Yeah, and I would say especially, you
26:35
bookkeeping firms, that have come,
26:35
through your class that have hit us up.
26:39
You know, we've seen a lot I think a lot
26:39
of people wanting to do the right thing.
26:43
And most people are tracking time
26:43
anyway, because they're, it's being
26:47
built maybe back out to a client. So they need to see exactly, you know, how
26:49
much time they're spending on a particular
26:53
client that they're working for. But again, You know, we still need to
26:55
have an accurate record of the totality
26:59
of the time spent for that employee.
27:01
Yeah. I love that. I bet you a million dollars.
27:04
You have a lot of keepers and accountants
27:04
reaching out mostly because we are
27:09
the type of industry too that is so
27:09
about compliance because we're so
27:14
used to following the rules for our
27:14
clients that you probably have that
27:17
uptick of like, I just, Matt, you tell
27:17
me, what do I need to have in place?
27:21
What do I need to do? Yeah. Absolutely. Absolutely. Because they're going to listen more,
27:22
well, other industries might be a little
27:25
bit more risky sometimes, but I feel
27:25
like we have a different type of brain.
27:28
Like, you know what I mean? Where we're like, we don't want them
27:29
coming knocking on our door, like the IRS.
27:33
No, and that's very true.
27:36
That's very true. And I, I, I think, and we
27:36
appreciate that obviously.
27:40
So it's nice to have that. And you're right.
27:42
There are some industries and I'm sure
27:42
they're clients of some of your clients,
27:46
that know exactly what that risk is
27:46
game looks like and where they're more
27:51
tolerant in certain places than others.
27:53
Yeah, definitely. I did want to go ahead.
27:57
I think this is, if this is all right,
27:57
real quick, I want to talk about exempt.
28:01
So for those of you out there
28:01
that are listening a couple of,
28:04
we talked about how the laws are,
28:04
there's always something changing.
28:08
I do want to be very clear. So one of the biggest changes
28:09
that we've seen in many years,
28:12
is for exempt employees.
28:14
So for our purposes, again.
28:17
By definition, exempt
28:17
means exempt from overtime.
28:19
So for most of you out there,
28:19
when you hear that term, you're
28:22
thinking, Oh, I pay them on salary. So let's just call it $40,000 a year.
28:26
So let's say you pay
28:26
somebody $40,000 a year.
28:29
Well, most of us are familiar
28:29
that when we pay somebody
28:32
hourly, there's a minimum wage. What some of us may not be familiar
28:34
with is that when you pay somebody
28:37
on salary and they are exempt, that's
28:37
key, there's also a minimum wage.
28:42
And for several years, that minimum
28:42
wage has been 35, 568 a year.
28:48
So annualized, that's what that number is.
28:51
And so again, just like by law, you have
28:51
to pay somebody at least minimum wage.
28:56
On hourly, you have to
28:56
do the same on salary.
28:59
So that is a big audit point. So for those listeners, if you're paying
29:01
somebody on salary, and they're working
29:04
a full time schedule, so 40 hours a week
29:04
it needs to come out to that number.
29:09
And if it doesn't, you're below that
29:09
threshold, then yes, you're, you could
29:13
be in violation of a wage an hour. Claim to the Department of Labor.
29:17
Okay. Now what's the big change that I'm talking
29:18
about is that that minimum threshold, 35,
29:24
568 a year is going up July 1st, 2024.
29:28
So based on whenever you're listening
29:28
to this July 1st, 2024, that minimum
29:32
threshold goes up to 43, 888.
29:38
So if you're our example, if you're
29:38
paying somebody $40,000, Annualize
29:43
as an exempt employee, then you're
29:43
going to have to make a decision.
29:47
And the decision is you either raise
29:47
them to that minimum threshold,
29:51
which is $43,888, or you convert
29:51
them back to a non exempt employee
29:59
and pay them that hourly equivalent.
30:02
To $40,000. And now they're eligible for overtime.
30:04
But for some of you, they
30:04
may not work overtime.
30:07
They may always work, you know,
30:07
a pretty strict 40 hour schedule.
30:10
So instead of adding more to your
30:10
bottom line cost wise from an expense
30:14
standpoint, it may make more sense
30:14
to go that direction, but again,
30:18
you're going to have to track hours. You still have to be able to show
30:19
that they didn't work 41 hours
30:22
and you owe them time and a half. So I want to be very clear about that.
30:26
And then the last point on this, that
30:26
minimum threshold so that the Department
30:30
of Labor, when they released their
30:30
regulations, decided to stair step it.
30:34
So July 1st, 2024, it goes to $43,888.
30:42
On January 1st, 2025,
30:42
this is the big jump.
30:45
It's going to go up to $58,656.
30:49
So we'll just round it up
30:49
and call it $59,000 a year.
30:53
So if you think about
30:53
where we're at today.
30:55
Which is, you know, $35,500
30:55
going up to $59,000.
31:00
There's a lot of businesses that can't. It's big.
31:03
I think the Department of Labor estimated
31:03
that 3 million workers and they don't
31:09
look at it as in 3 million workers
31:09
are going to get this massive raise.
31:12
What they're saying is about 3
31:12
million workers across the US
31:15
are no longer going to be exempt. So they'll go, they'll all be not
31:17
exempt and be now eligible for overtime,
31:22
which is the whole point of the law. Like, this is this is what they're
31:24
trying to get to is they're trying to
31:27
make sure that you know, everybody is
31:27
keeping up with inflation and that.
31:31
You know, if they're not making at
31:31
least this as a minimum on salary
31:36
then they need to be hourly and they
31:36
need to be paid time and a half.
31:40
They look at it as a positive. A lot of times we look at that as a
31:41
negative, as an employee saying, Oh
31:45
man, I'm no longer going to be a salary.
31:47
Now I'm going to be hourly. The government looks
31:48
at it the opposite way. They're like, no, this is a good thing.
31:51
You're now going to get paid for time
31:51
that You know, maybe you didn't get
31:55
paid for before and you're going to get
31:55
time and a half, but regardless how we
31:58
feel about it that's where it's headed.
32:01
for your listeners, again, just
32:01
depending on when you are listening to
32:04
this podcast it's very possible because
32:04
July 1st is not here as of me talking.
32:10
Yeah, but it's coming. It's coming soon but there could always
32:11
be an injunction that gets filed by
32:16
a judge that, you know, the numbers,
32:16
you know, could change but as of right
32:21
now, so we're one month away, we are
32:21
currently prepping all of our clients
32:25
and we're doing spreadsheets on, you
32:25
know, who's currently below the new
32:29
threshold and we need to make decisions.
32:31
You know, is this an employee that
32:31
works 60 hours a week regularly?
32:35
Are we willing to pay 20 hours
32:35
of overtime or does it make
32:38
more sense to give them a raise? And so that's the kind of
32:39
strategic conversations that
32:42
we're having with employers. On, you know, which direction do we go?
32:46
Are we going to keep them exempt or
32:46
are they going to move to non exempt?
32:49
And that, just as a question, I know
32:49
that me and you recently talked because
32:53
I was hiring my personal assistant and
32:53
we got on a call about, you know, and
32:57
then you had warned me about there might
32:57
be these changes and at that time it was
33:00
like, we don't know yet type of thing. And now it looks like it's moving
33:02
a little bit more forward, but
33:04
you said could still change. So. In this regard, we're talking like,
33:06
doesn't matter what this person does in
33:10
your company as like being paid salary,
33:10
like they could be like the bottom of
33:15
the totem pole role, you're talking
33:15
base salaried employee like has to be
33:20
at least paid full-time, at least 58
33:20
as of, you know, January 1st you said
33:26
of 20, 25 or 59, something like that. Yeah.
33:28
So the way the exempt, non-exempt
33:28
process works, so to simplify
33:32
exactly the question you're asking. The very first question in the
33:35
list of questions that are part
33:39
of what makes somebody exempt
33:39
versus non exempt is the salary.
33:44
So it starts there. So if you're not willing to pay the
33:45
minimum, then there's no point in
33:50
looking at the rest of the test. So there are more questions to the test.
33:54
, there's an executive test. There's an administrative test.
33:57
There's a, like a computer
33:57
professional test.
34:00
There's a creative test. So for those of you that are hiring,
34:01
you know, maybe like marketing
34:05
manager, I'll utilize that job title,
34:05
social media specialists, those
34:09
types of things, graphic designers. There's an education test.
34:12
So they're, the specific tests that exist.
34:15
But question number one is always,
34:15
do they make this much money?
34:21
And that, that number right now, as we
34:21
mentioned, is the 35, 568, that's moving
34:27
to 43, 888, and then moving to 58, 656.
34:32
And that is their, I
34:32
mean, that is the law.
34:34
I mean, that's, that goes
34:34
into effect on those dates.
34:38
So the only thing that would change that.
34:41
From today is if there's a judge somewhere
34:41
again, starting against the legal side of
34:46
it, that files an injunction that maybe
34:46
says the Department of Labor overstepped.
34:50
This is too drastic. Employers can't do this.
34:53
And then they get into a fight. So we'll see if that happens.
34:56
We can't operate that way. We can only operate with what we're given.
34:59
And so that's what we have right now. And those are the assessments
35:01
that we're working through.
35:04
But I will tell your listeners
35:04
this regardless of all of that
35:09
talking about, you know, Hey, this
35:09
is where the salary threshold is
35:12
going and getting caught up in that.
35:14
The thing that I want to stress is look
35:14
at where you're at today And if you're
35:19
paying somebody on salary Make sure
35:19
that you're within the exempt non exempt
35:26
thresholds Okay, and that you're not
35:26
misclassifying them in that category
35:32
Because just like when we talked about
35:32
independent contractor versus employee
35:35
when we talk about employees, you know,
35:35
don't get caught in the same type of wage
35:40
an hour You Audit through the department
35:40
of labor because you denied somebody
35:44
overtime that was otherwise owed overtime.
35:48
Cause that's really what we're talking about when we say exempt versus not exempt.
35:51
Gotcha. Yeah. It's, this is why people, I
35:52
do not deal with this myself.
35:57
This is why, like, cause there's, there's
35:57
so much information, but I think I
36:01
really wish that this industry had more.
36:03
Expertise around this arena
36:03
because I feel like we feel
36:07
very like almost what do we do?
36:09
We want to get a bookkeeper, but I just
36:09
want to like control them because I see
36:13
people all the time This is a question. I wrote down and I know that some of
36:14
these things like you said are based off
36:17
scenarios and things So, you know, just
36:17
let me know so that way like our listeners
36:20
know that yeah The one question I wrote
36:20
down which I get this a lot and things are
36:24
just kind of racking up as I remember When
36:24
you are, you know, whether it's hourly
36:28
or sourly sourly, did I say that right?
36:30
Yes, I did. I was like, it sounded
36:31
really weird when I said it. Yeah.
36:33
Um, sour, sour, versus Aller hourly,
36:33
when you are putting together
36:38
the job posting and someone is an
36:38
employee, you're required, are you
36:43
required to always list an amount,
36:43
even if it's their range of pay?
36:48
you're not required to. Oh, you're not. Okay. Okay. No, you're not, not on a, on a job.
36:52
There are certain job sites out
36:52
there that do that may require that.
36:58
But that's more about that job
36:58
site than it is what you, you know,
37:02
can and can't do as an employer. So yeah, if you want to
37:05
know. Yeah. Yeah. Yeah. I mean, there's a lot of employers
37:07
that try to, you know, post in
37:10
places where they don't post salary. they just want to have more
37:12
control over that conversation
37:14
when they're talking to you. It's all comes down to
37:16
recruiting strategy. I'm a pretty transparent person,
37:18
so I'm always like, Hey, tell
37:22
people what you're paying. That way people can self select out, you
37:23
know, why do I want to spend time looking
37:27
at a bunch of resumes that, you know, that
37:27
I, for people that maybe I can't afford.
37:32
Yeah, I mean, that's so that that's
37:32
kind of where I that's my two
37:35
cents, but yeah, teach their own on
37:35
their recruiting strategy for that.
37:39
And I like how you said that
37:39
it's really it's based off.
37:41
It's not like a require because
37:41
I've definitely seen and this
37:43
is where misinformation, which
37:43
I'm sure you see it all the time
37:46
misinformation in the accounting space
37:46
where people will be like, You're
37:49
required to put it like it's by law. And so I'm going to be
37:51
like, no, you're not. I'm just kidding. I probably won't.
37:56
Yeah. I mean, don't get me wrong, depending
37:56
on, you know, maybe it's a government
37:59
type contract or maybe, you know, you're
37:59
talking about prevailing wages for certain
38:04
type of, you know, contracts that are
38:04
out there that you are, yeah, you are
38:08
required to post that kind of stuff. But if we're just talking about your
38:10
average job posting, Yeah, I mean,
38:13
you do you, as far as that goes. It's so funny because when you say
38:15
your decision to be transparent, it's
38:19
really funny because I actually had
38:19
a story where I think my, it was my
38:24
second employee here at Workflow Queen. When I hired her, I was like, you know
38:26
what, we're actually just going to not,
38:29
because I think I read somewhere in some
38:29
book about like, you know, sometimes you
38:32
want to see what they're going to do. Place themselves at right.
38:36
And so I put it on the job description. I was like, you tell me what
38:38
you want to pay based off this
38:40
job and roll regretted it. I will never do it ever again.
38:43
And then just because I had
38:43
a scenario come up, right.
38:45
So I got on these interviews and
38:45
some people were like super low.
38:49
And then we'd had people who were
38:49
like, it was an assistant job.
38:51
Um, Some people were saying like
38:51
$80,000 and some people were saying
38:54
like, you know, really like some people
38:54
were saying 30 and like all these
38:57
different ranges from everywhere. And you could tell the people were
38:59
super confident versus the people who
39:02
were like, I feel really bad asking,
39:02
like, but it's going to miss them out.
39:06
And I remember this has actually happened
39:06
because we ended up hiring one of the
39:10
girls that said this really large salary.
39:14
I think it was like almost $80,000. It was really large for like an assistant.
39:18
And so I remember getting on the call with
39:18
her and being like, we want to select you.
39:22
But my biggest concern is this
39:22
conversation, which is around the salary
39:26
and to get someone who has the idea that
39:26
they want to be paid X 30 grand less
39:32
than that is a pretty hard conversation.
39:34
So gratefully, she moved forward and she
39:34
ended up, she said, no, yeah, I just, I
39:38
honestly didn't even know what to ask for. So I just kind of threw it out there.
39:41
And she was very honest about like, I didn't even
39:43
know, I was overwhelmed because I
39:43
don't even know what the range is
39:46
or what is, you know, whatever. I just did some random Google search.
39:49
And the reason I regretted it is
39:49
because like it became a problem later.
39:54
So that conversation came. And saying like, okay, I
39:56
want my 30 extra thousand.
39:59
And it's like, I can't just go. That's why when you were talking about,
40:00
which is good to hear that the end result
40:05
about the non exempt versus exempt, that
40:05
if this change goes into effect, that
40:09
it's scary to hear that it can go almost
40:09
a 59 because some people who aren't yet
40:13
paying their team members that, but at
40:13
the same time, it sounds like there's.
40:17
I don't want to say the out because
40:17
that's not really the right word, but
40:20
like there is another option, but like
40:20
you said, you have to do the assessment to
40:23
determine you have to follow certain rules
40:23
to do the hourly and then you have to
40:27
pay overtime, which I like there is like
40:27
that fear because I think a lot of people
40:31
in this space are so scared to hire.
40:33
Sure. Because the pay, the salaries, the things.
40:37
So all in all to just bring together
40:37
for anybody who's listening.
40:40
Like, I think that over time I have
40:40
learned from my own mistakes that I really
40:44
wish I would have just put the salary
40:44
and now it's a range or it just says it.
40:48
So like, when I talk to you about my
40:48
personal assistant, I told you exactly
40:51
like, well, we had a conversation, you
40:51
told me my threshold and I was like,
40:54
well, this is what I want to pay them. And you're like, perfect.
40:56
You're good. You're like, you're in the, you're in set
40:57
and she's going to be doing this with you.
40:59
And it was just very insightful.
41:01
So for anyone listening, you're
41:01
going to mess up, but like, this is
41:06
why conversations with someone like
41:06
Matt or someone like an employment
41:10
attorney is so important because your
41:10
business gets to a point where it's
41:14
like, it's no longer a side hustle. This is a real legit big girl job
41:16
dot job, like career thing that you
41:21
put, put together this business. Last thing you want is someone
41:23
coming after you a year or two later.
41:26
Now I'll piss you did something
41:26
wrong in the business one time and
41:29
now they're going to come after you. That's it. That's it.
41:32
It's so much. So I did want to ask one more question
41:33
and then I'll kind of like lead us off
41:36
because this is so much information. I'm sure everybody's going to be
41:38
so excited about bringing you on.
41:41
I already knew it was going to be great because. It's just you and you're always
41:43
so awesome with information.
41:46
So what if someone is hiring when
41:46
you were talking about, there's
41:49
a minimum threshold, right? When someone's hiring in these different
41:51
states, because there's different
41:55
requirements per state as well. Do you recommend like the range
41:57
or like, because a lot of our
42:00
people hire remote all over the U. S. So like, what would you give as
42:02
recommendation for that after they've
42:04
determined whether non exempt or exempt? Like, let's just say it's an employee,
42:06
like what would you suggest to them?
42:09
That's right. And help me understand
42:10
that question again.
42:12
So like range of, Oh,
42:12
because I think higher
42:15
or not higher. No. So you were talking,
42:17
no, it's totally fine. So what you were talking about
42:18
was in this, there are certain
42:21
states that have certain minimum
42:21
wage requirements, correct?
42:24
Oh yeah, yeah, yeah, absolutely. Absolutely.
42:26
And that's mainly for hourly employees.
42:29
The most part. So you're talking about,
42:30
yeah, minimum wage limits.
42:33
Yeah within those within those but I
42:33
I think this is a good topic So I may
42:37
kind of change it up on you a little bit
42:37
here, but I think this is real important
42:40
for those because you you nailed it. The more and more that we've been
42:42
working especially with some bookkeeping
42:45
firms Is that you do hire it's
42:45
exciting right to be able to say?
42:50
Oh, you know somebody
42:50
can work from their home.
42:52
Therefore I can hire
42:52
anywhere, you know in the u.
42:55
s to to get somebody on boarded and
42:55
I just you know, here's always my
42:59
cautionary tale You With that is that
42:59
there are a lot of state specific laws.
43:04
So even aside from minimum wage laws,
43:04
it's important to know that states have
43:09
their own laws when it comes to work comp. And we have these conversations a lot.
43:13
So, you know, if you hire an
43:13
employee in Oklahoma, you have
43:16
to carry a workers comp policy. If you hire an employee in
43:18
Texas, Texas, you get the option.
43:21
you know, if you hire in Tennessee,
43:21
I think you have to have at
43:23
least five employees before
43:23
you carry a work comp policy.
43:26
it's across the board. And I think that that's important
43:27
that, you talk to somebody that's
43:31
going to give you good advice in those
43:31
areas and understands those laws.
43:35
And then the other. thing that's also important is that
43:36
outside of just the millions of different
43:40
state specific laws that exist out
43:40
there that, you know, we could take a
43:43
10 person, bookkeeping firm and your
43:43
employee handbook's going to be 150
43:47
pages if they're all in different states. Which is, sounds insane, but
43:49
that's, that's what happens.
43:53
And so, you know, it's always my
43:53
advice to Keep it to a limited as
43:57
much as possible, but if you want
43:57
to open up that door, that's fine.
44:01
Just know what you're signing
44:01
up for and that you're carrying
44:04
the right insurances in each of
44:04
those states for those employees.
44:07
And then lastly, because this comes
44:07
up quite a bit, so just a little tag
44:11
here, because I know we're running
44:11
out of time, but pay time off.
44:15
That's a big topic of conversation,
44:15
and it's important for your listeners
44:18
to know that different states
44:18
treat paid time off differently.
44:22
In Oklahoma, since I'm from here,
44:22
I'll keep bringing that up, PTO
44:26
is not considered earned income. So, you know, I, as long as I have a
44:29
policy around it, and if that employee
44:32
leaves, and the policy says that they
44:32
don't get paid PTO upon their departure
44:37
from my company, then I don't have to pay
44:37
them that, even though that maybe they've
44:41
racked up, 80 hours or 120 hours of that
44:41
that they haven't used, but you are in
44:47
Colorado or Louisiana or maybe California.
44:51
These states, as well as many, many
44:51
others treat it as earned income.
44:56
And so if you have employees in those
44:56
states and you have a very robust,
44:59
because you're a very generous business
44:59
owner and you think it's, you know,
45:02
you want people to take a vacation. And so you're just, you Like come work
45:04
for me, I'm going to give you all this
45:06
time, you're giving them cash and you
45:06
need to understand that as a business
45:11
owner that that's their money if they work
45:11
in those particular states, regardless
45:16
of what kind of policy you want to have
45:16
based around the state that you live in.
45:20
And so those employment laws are based
45:20
around where the employee resides,
45:24
not where your business exists. And so that's kind of
45:26
my two cents on that.
45:28
That's a lot to unpack. That's a whole other podcast.
45:31
I'm sure. But I think it's worth saying, you
45:32
know, if you made it this far and
45:35
you've heard all these different
45:35
things for those of you that are
45:37
out there, you know, hiring across
45:37
state lines, just be aware of those,
45:41
insurances and different state laws. Yeah.
45:43
That's really good. That's really good advice. I mean, I'm in California, which
45:45
is, as we know, sometimes the
45:47
worst state for all the things. So we've got like the AB.
45:51
Yeah. 54 55, whatever the hell that's called.
45:54
And that's like telling us if someone's
45:54
in the same line of, you know, does
45:58
the same role as like the business
45:58
thing, we have to do employees, like
46:01
I don't have a choice, I have to hire
46:01
employees for bookkeepers and it's
46:05
very, very, very frustrating because
46:05
like, sometimes I just, they really do
46:09
fit in the line of a contractor, but
46:09
then I'm like, I don't have a choice,
46:13
they pack a punch out there. There's no question.
46:15
Yeah. But it's also beautiful things out here in California.
46:19
You get this, you get the
46:19
weather, but then you get this
46:23
fair, fair. Yeah. to kind of end us off here.
46:26
Well, one before I asked my
46:26
final question, I want to know
46:29
how can people get ahold of you? How can they get into your world?
46:32
I want to know. connect with you, see what types of SERPs
46:33
or offers you guys have to support them.
46:37
you can always reach out to me direct
46:37
and you can also go through our website.
46:41
So just for those listeners that
46:41
are out there, our website is whyhr.
46:48
guru. That's G U R U.
46:50
So that is an actual extension.
46:53
For those that aren't aware, so
46:53
our company name is Y H R yhr.
46:57
guru and then my email address is matt,
46:57
very simply put m a t t at w h y h r.
47:04
guru. Feel free to hit me up.
47:07
I love having these conversations.
47:09
So even if you're not looking to, you
47:09
know, hire us as far as services go,
47:13
but you just need to need to talk it
47:13
out and kind of see where you're at.
47:17
And maybe we can help point
47:17
you in the right direction.
47:19
We're happy to do that. So it's all about education you
47:20
know, I'm a business owner as well.
47:24
And I think that that plays a little
47:24
bit into my passion for also just want
47:28
to make sure you're set up to succeed. That's, that's all
47:30
we're trying to do here. Yeah, I love that.
47:33
I mean, you share the same value
47:33
because that's how I met my firm.
47:35
Like, I'm like, just get on a call because
47:35
I'd rather guide you in the right place
47:38
rather than just be like, bye, bye, bye.
47:41
Because like, really it's value. They're like, wow, you know what
47:42
the hell you're talking about? Let's start working with you.
47:46
Sure. No, absolutely. So my last question I wanted to
47:48
lead off was first to ask you
47:51
about how to connect with you. Cause my other question is,
47:53
it sounds like some of these.
47:57
pockets of information kind of
47:57
might need different experts.
48:01
And I know for us, we have to
48:01
tell our clients like CPAs do
48:04
this versus bookkeepers do this
48:04
and financial advisors do this.
48:08
So I'm assuming also in your realm,
48:08
there's also like, what type of advice
48:11
would you give to someone looking to make
48:11
sure that they are holistically supported
48:17
when it comes to the hiring process? I know that I can just
48:19
shamelessly plug myself.
48:22
If you want to learn how to like do
48:22
the process of hiring, that's me.
48:25
Yeah. Yeah. But I will teach you all the
48:26
things like to actually do hire
48:30
him on board all the things. But when we're talking about the
48:31
other experts, it sounds like you
48:35
guys, the HR experts, but you also
48:35
kind of plugged in the employment.
48:39
Lawyers, when would they need to step in? there are certain documents that you
48:42
need to make sure you are covered for
48:46
the state that your employees are in when
48:46
it comes to especially like severance
48:51
agreements or let's say non solicitation.
48:55
non disclosure agreements. we've worked with
48:56
attorneys to create those.
48:59
So we pretty much, you know, our clients
48:59
are pretty well taken care of in those
49:02
areas you know, based on where they're at.
49:04
But obviously if we're in new territory,
49:04
then we're gonna, we're gonna scrub that
49:08
the right way through the right attorney. But anytime you're talking about,
49:09
you know, non competes, which
49:12
are essentially going away but
49:12
there are still some provisions
49:15
in there by state and by industry.
49:19
But I think that's very important for
49:19
bookkeeping firms, because obviously
49:22
you're giving people access to your
49:22
client base, and so you want to make
49:26
sure that a minimum you have a strong
49:26
non solicitation agreement in place.
49:30
And we do recommend that you
49:30
do work with an attorney.
49:33
I mean, I worked with one to put
49:33
mine in place for my employees
49:36
as a consulting business. And that, you know, hey, if you want
49:38
to go out and start your own HR firm,
49:41
that's great, but you're not going
49:41
to be able to solicit, you know, my
49:45
employees that are going to stay here and
49:45
work with me or my client base either.
49:49
And so, you know, there are ways
49:49
to protect yourself and those
49:52
are things that you should be
49:52
looking into, As a firm for sure.
49:56
I love that. Yeah. I think there's just a lot of
49:57
confusion of like, where do I go?
49:59
Who do I talk to? Every time I'm like, why HR?
50:02
They're like, is that what the why? Or is that like a why?
50:05
And I'm like, it's like a, why would
50:05
you do that to yourself and not call it?
50:07
Why would you do that? Yeah, exactly. And I can't stress this enough.
50:13
You know, when it comes to
50:13
attorneys, be sure you're talking
50:16
to an employment law attorney.
50:18
That's very important that, you know,
50:18
you don't, don't call the attorney that
50:23
you utilize, you know, for your family.
50:25
Yeah. Your divorce, your family will,
50:25
you know, that kind of stuff.
50:28
I mean, there's, everybody has
50:28
their specialty that's out there.
50:32
that's just very important. We do run into that quite a bit.
50:34
Somebody will say, Oh no, I've
50:34
got somebody who handles that.
50:36
It's like, well, that's not. Really what they do.
50:38
that's, that is important. Yeah, I like that you said that.
50:42
Yeah, I have two different types of lawyers. They both do two different things.
50:46
Right. You know, so for me, I definitely have
50:46
learned that over time that like, don't
50:50
the generics, like it's just like the
50:50
way that we niche down in our industry.
50:53
It's like, you don't want
50:53
people to be working with you
50:55
if you don't serve restaurants. Like, I wouldn't touch it.
50:58
Uh, so, Anyways, Matt, this is so great.
51:01
I never take two pages of notes to
51:01
make sure I get it to my people.
51:05
I actually took two pages of
51:05
notes, which is great because
51:09
I have so much to tell them. And I'm so excited to just
51:10
shout this out to the world.
51:14
And I appreciate you so much for this
51:14
because one, I always learn something
51:18
from you in the process and It's been
51:18
like years of working with you and I
51:21
still learn every single time we talk. And I just can't thank you enough.
51:25
I mean, you've always been a great supporter, but also really great to work with.
51:28
And you're doing amazing work. Everybody that, you know, has come
51:29
our direction that's maybe, you
51:33
know, come through your class. I mean, they just can't say enough
51:34
of the influence that you've had.
51:37
So thank you for keeping us in mind as we
51:37
always want to keep you in mind as well.
51:41
So it's been great. Well, thank you.
51:43
That was so nice. Well, thank you Matt for being here today.
51:46
I appreciate you and everybody
51:46
just go in and get in Matt's world
51:49
and get immersed in all things. You might have to, yeah, right.
51:52
I might, you might have to relisten
51:52
to this unfortunately, cause there's
51:54
a lot of info, but great info.
51:56
Come back to it, save it, like
51:56
do all the things that you need
51:59
to do with all the social things. But thank you once again,
52:01
Matt, for being here today. Thanks for having me.
52:04
Take care.
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