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Essential Hiring Compliance Questions Answered by HR Expert Matt Tipton

Essential Hiring Compliance Questions Answered by HR Expert Matt Tipton

Released Tuesday, 18th June 2024
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Essential Hiring Compliance Questions Answered by HR Expert Matt Tipton

Essential Hiring Compliance Questions Answered by HR Expert Matt Tipton

Essential Hiring Compliance Questions Answered by HR Expert Matt Tipton

Essential Hiring Compliance Questions Answered by HR Expert Matt Tipton

Tuesday, 18th June 2024
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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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