You are Liable When Serving Liquor

A bar in New Mexico is actually a rare sight. It’s not that there aren't enough to go around if you count the restaurants with a fully stocked bar inside. It’s just that compared to a neighboring state like Texas, New Mexico bars have become few and far in-between. Why?

Limited Licenses

To keep it simple, it comes down to the letter of the law in New Mexico. There is actually a limit on liquor licenses. This means that people who are looking to open a legitimate business that sells alcohol have to buy the license off of someone who already has one. As you can imagine, this can really elevate the cost of a liquor license, and for a small business or starting businessman that can be nearly impossible!

And, that is not the only problem a bar owner has to deal with as third party liability laws leave the business owners completely liable for serving an intoxicated person. In fact, bar owners can actually have their liquor license revoked and destroyed over this offense. Strange right? Not serving an intoxicated person in a bar? Everyone who is drinking in a bar is intoxicated to a certain degree no matter their tolerance. This begs the question of how does one know the cut off?

Now, if you noticed I said that a bar owner could have their liquor license revoked and destroyed, so not only is there a limit on liquor licenses in the state, but they also destroy the ones that get taken away, thus making it even harder to attain them because it doesn't seem like they are much for making new ones.

How Much for a License???

So, it works like this: liquor licenses are expensive, and by that I mean really expensive. In most other states, they run $1,500-$2,500, but in New Mexico and under its policies, they cost about $500,000! That means inflated bar prices, which can lead to fewer customers and then results in bar closures or relocation out of state.

Some Suggestions     

There may not currently be a way around these unfortunate circumstances, and though we can hope that someday these policies will be revised in your favor, it doesn't change the fact that you are liable for what goes on in and around your bar. Somebody gets in a fight, breaks a chair or two? Maybe a pool cue? Broken bottles are always fun too, but when the dust settles, it's on you.

People get hurt and people sue -- it's the way of the world. All you can do is to make sure you have proper liability insurance today because it may be too late tomorrow. Check out Linton and Associates today so we can have your back tomorrow. 

Tips on Developing a Company Wellness Plan

Obesity, high blood pressure, and diabetes -- these are all unfortunate problems that have continued to arise in the modern world. It’s human nature to want things now, and that's why eating out at a fast food establishment during the lunch hour is the most common choice. After all, who wants to spend time after a hard day's work, making a healthy lunch for the next day?

Now, it's not the employer's responsibility to make sure that their employees are eating healthily, but it is in their best interest. Employees that exercise daily and eat a relatively balanced diet tend to not get sick as much and have more energy during the day. When your employees aren't sick that means they are doing their jobs and their parts to make the company money.

Incentives Matter

Sure, you are dealing with grown adults and they should care about their own well being, right? Who says they don't, but in this economy, their job comes first. So, why not help them along the right path a little bit?

It is a way to get them started on the right path and show them you care about their health and wellness. There are many inexpensive ways to encourage your employees to follow a regular exercise plan and to eat healthier without buying everyone annual gym memberships for Christmas next year, and you can even have fun with it.

No More Junk

This means clearing out all unhealthy foods and drink that are so often within reach in an office. Take the soda in the vending machines and replace it with water, juices, and, at the very least, some of those fancy electrolyte drinks. Then, it is time to toss the candy, bags of Doritos, and other high-fat, high sodium snacks. Don’t even think about leaving donuts in the break room. Put out some healthy snacks that employees can grab. It will help power them up in the afternoon instead of being hit with the carb let-down in the afternoon that finds employees trying to stay awake.

Have fun!

Get the fun going with some good old healthy office competitions! Host a monthly company sports game; you can even alternate the sports. One month could be football while the next could be hockey! Have a sign-up and offer prizes to encourage employees to get involved and active. The prizes don't need to be expensive. Gift cards to the movies work great, and they are easy on the wallet.

Host a Picnic!

It's been proven that just basking in the sun helps people with their health so have an annual company picnic to celebrate the coming of summer and encourage employees to bring healthy homemade dishes, host a 'best dish' competition, and have an award for most improved on their health regimen!  

Get Started Now!

Start with small things but get started on the healthy track as soon as possible. By implementing your company's wellness plan today, soon you will see that your employees have more energy, reduce their sick days, and are alert and active on the job.  

Why Should I Offer Health Benefits?

Whether you are a new business or have been at it for a very long time, employee benefit packages play a very important role in employee morale and incentives. You might be asking yourself if it is really worth it to offer health care benefits if the government is going to take over the health care business.

Don’t wait for the Supreme Court to make the decision for you. Employees consider health care coverage one of the most important of the benefits they want from a potential employer. How you approach this crucial benefit will affect not only your bottom line, but it will also impact how your employees view your business as a desirable workplace.

What Benefits to Offer

Offering the traditional health insurance will give your employees the most choices. They can see whatever doctor they wish or go to any hospital. But, this can be a more expensive choice than managed care forms of insurance because of co-pays or other fees.

Look at plans that include mental health care, maternity coverage, dental or vision care also. Consider allowing your employees to contribute to health savings accounts. Remember that some options allow employees to use pre-tax dollars to pay for medications and co-pays. Some companies pass on more of the cost to their employees in the form of shared premiums. How you present health coverage is up to you and depends on your budget.

Should I Use a Broker?

Brokers can put together packages that place your smaller company in a larger insurance pool. As a result, this could significantly reduce costs to you and to your employees. However, don’t forget to do a little research first to make sure that you have opted to partner with a broker that is reputable.

A good broker should provide you with bids from a number of insurers with a variety of plans to choose from, and, if they don’t, it means you have not found the right partner yet.

Maximizing Savings

Providing health insurance to your employees is a significant expense so you want to be sure that you maximize savings to your company. You can do this in a number of ways:

·         Include as many of your employees as possible or all of them if you can.

·         Terminate policies for employees that no longer work for you. They may be able to purchase a continuation policy that shifts the cost to the employee entirely and retain their coverage.

·         Consider wellness incentives. Offer healthier choices in vending machines or the company cafeteria. Volunteer to pay a portion of a gym membership or bring in a massage therapist to help those who are stuck behind a desk all day alleviate their neck and back strain.

The health of your employees is important. Time lost to illness can be a big expense for a business of any size but especially a small business. Do your homework and find the most cost effective policy for your company then go ahead and offer your employees this important benefit.

Showing Your Employees You Really Care Pays Dividends

Why is it that it is so much easier to show employees dissatisfaction than to let them know what a great job they’ve done? Happy employees are always willing to put in that extra effort to turn a good job into a great job when they feel that the effort will be appreciated. But, is just saying, “Thank you," enough?

Great Rewards Don’t Cost Much

A company can let employees know that they are appreciated in numerous ways that won’t break the bank. Even though certificates of appreciation in a personnel file are a nice gesture, sometimes a company can offer a more tangible symbol of appreciation that will really improve employee morale. This is a win-win situation.

When employees are satisfied with working conditions, they want to do their best.  But, in these tough economic times, the usual rewards of a raise in pay or other monetary gestures may prove a difficult fit for a small business.

So, what else can a company do to let employees know how much their efforts really count? Here are some ideas:

·         Put out a monthly or weekly company newsletter and feature a story about one of your employees.

·         Have a casual dress day, especially during the hotter summer months.

·         Recognize employee birthdays with a cake and coffee. Make that coffee break a little bit longer to celebrate.

·         Have a pot luck lunch and let employees bring a dish to share.

·         Ask for cost-saving ideas from employees and reward the best ones with a bonus.

·         Celebrate the completion of a project with a half day of work and a picnic lunch.

Trading services is also time-honored way of giving and getting extras for your company. See if your company can make a trade in services with a local restaurant and have a special Employee Appreciation dinner. The options here are limited only by the ability of a company to make its services available in exchange for goods or services from another company.

If You’ve Got It, Share It

If your company has a bigger budget, employees can always be rewarded with bonuses or salary raises, but there are other ways to let them know you appreciate their work. Try these:

·         Offer flex-time to employees who have young children or who are caring for an elderly or ill relative.

·         Put in a workout room so employees can keep fit or offer other health and wellness services like on-site chair massage.

·         If you have a conference room that isn’t used much, open it to employees for birthday parties or family reunions.

·         Sponsor a company sports team or bowling league.

Showing your employees a little appreciation makes coming in to work each day a little nicer, and the rewards that are returned in improved performance are always worth it. What have you found works well with your employees? Share your response below.

Why Have an HR Consultant?

No matter what size business you have, if you have even one employee beyond yourself, you are going to have to deal with some type of Human Resources issue or concern. After all, this is a part of having a business and relying on others to help you achieve the goals and objectives that you have set. In relying on others as part of your team, you have to understand that these “human resources” need to be considered in terms of their needs and wants if they are to perform to your expectations.

Even those firms with HR departments that assume they have everything in hand may not always be able to handle every problem that arises, especially as laws and regulations are constantly changing and the race to recruit and retain the best talent is heating up.

All about HR Consulting

Human Resources (HR) consulting helps businesses leverage their talent and meet the strategic goals of the organization. Consultants in this field do that by providing a framework or model that they can then use to address any personnel issues that arise that may get in the way of having a productive, united, and motivated workforce.  

HR consultants typically have a very wide range of skills and experience across many disciplines – from legal and management to accounting and finance to health and employee benefits – so they can work with and assist many types of firms across industries and business niches.

Benefits of Using a HR Consultant

Every type of business can truly benefit from working with a HR consultant:

·         Start-up companies receive advice on how to set policies and procedures that comply with all the laws.

·         Established small businesses can get help with formalizing their HR policies, including the development of an employee handbook, wellness programs, reward and recognition tactics, benefits packages, and talent acquisition and retention strategies.

·         Mid-size to large companies can benefit from strategic recommendations on how to reorganize the HR department to be more effective as well as address new laws, adapt current employees programs to achieve targets, and train the existing HR personnel how to handle more complex issues.

It is important to remember that a HR consultant is a partnership that helps with what is already in place rather than becoming intrusive and replacing the entire HR staff already in place. HR consultants are there to help guide you in terms of direction and purpose as it relates to the people on your team when you may becoming sidetracked or overwhelmed.

By helping to put the most effective processes and programs in place, your HR consultant can help your business make the most of the talent that drives your success while creating a work environment that is conducive to what that talent wants to experience.

What’s Your Experience?

Have you tried a HR consultant before? What were the results? What type of help do you need with HR? Contact us now so we can provide some overall recommendations to activate the power of a truly effective HR team.

The Affordable Care Act and How it Impacts You

As with any new piece of government statute, the 2010 Patient Protection and Affordable Care Act (PPACA) has many consumers and businesses wondering exactly what it is and, more importantly, how it will impact them or their business. This piece of legislation effects private and public health insurance industries and programs.

There are multiple year deadlines for each piece of reform and this far reaching legislation has a sufficient impact on the way insurance operates.

Main Features of the Patient Protection and Affordable Care Act

How will this piece of legislation affect me? This is the question on everyone’s lips. The main points of the law focus on health care reform. The following changes have been introduced:

Individual Mandate: Persons who are not covered under an employer sponsored health care plan, an approved private insurance, Medicare, or Medicare will face a penalty for not having coverage. However, members of a recognized religious sect or instances of financial hardship will receive a waiver.

Guaranteed Issuance: For the most part, the pre-existing clause has been removed (except for tobacco use), and insurers are required to offer the same premium rate to all applicants in the same age group.

Health Insurance Exchanges: Each state will have a health insurance exchange where consumers and small businesses can go and compare policies and premiums as well as purchase insurance.

Minimum Health Insurance Standards: The PPACA requires insurers to have minimum standards for insurance policies and will require the elimination of annual and lifetime coverage caps.

Businesses: Very small businesses that purchase their health insurance policies through the exchange will be eligible for subsidizes. If a company employs 50 or more people and do not offer health care coverage, they will be liable for a shared responsibility with the government if their employees’ receive subsidized insurance.  

Deductibles and Co-Pays: Under PPACA, there will be the elimination of co-payments, co-insurance, and deductibles for specific insurance benefits which are defined under the essential benefits package under the Level A and Level B preventive care.     

Navigating the Insurance Waters

There are many new changes on the insurance horizon. Now more than ever, it is important to understand and maneuver within these changing times. Here, at Linton and Associates, we have navigated these waters for you and stand by to be your health care advocate.

We would be happy to discuss the provisions of the Patient Protection and Affordable Care Act with you. You can also find more in-depth information at http://www.blogger.com/www.healthcare.gov%20 . Let our associates serve as your guide to understanding the Affordable Care Act. We can be reached at 505.247.1530 or you can email us at info@lintonandassociates.com.  

On Top of the Game: The Risks of Not Having an HR Department

Savvy business owners know how important it is to stay on top of the rules and regulations regarding employment and labor laws. Companies can find themselves in trouble by not staying abreast of current laws and can find themselves suddenly facing legal issues and court time from lawsuits brought on by their employees. The issues are real and complicated.

Here are some areas employers should be aware of if they decide to forego an HR department or if their company’s size does not warrant a full-time HR administrator.

Understanding Human Resource Department’s Role

The role of a HR department is to effectively manage your employees within your company. They are responsible for defining job duties, recruiting employees, hiring staff, and overseeing employee benefits and benefit administration. They serve as your frontline and intermediary with your employees. Their role can be as defined or as loosely based as necessary to carry out your company’s objectives.

Avoiding Trouble

There can be pitfalls to not having an HR department. There is a risk of communication breakdown, especially from smaller companies that hope to have an open door policy. There can be deadlines missed with benefit applications and legal issues regarding terminations and unemployment compensation that pop up unexpectedly. Your goal as a businessperson is to fully embrace and develop your company to its full potential.

Hiring Liabilities   

A key role for a HR department is to actively recruit new employees. A competent HR department fully understands each role within the company and thoroughly reviews each application to find the best pool of interview candidates. A business faces a severe liability when attempting to navigate and assume every role within a company, and this includes acting as an HR manager.

Putting your full resources to work in hiring and interviewing potential candidates can take away from your core goals. An effective HR manager analyzes and evaluates each potential candidate to ascertain their ability to fulfill your company’s key strategic goals and objectives.   

Sending a Consistent Message

Consistency can make or break company morale. There can be an inherent danger of sending mixed messages to employees. This is why it is so important for a company to have a comprehensive set of guidelines and a mission statement. This applies to a small business. A consistent message lessens the chance for confusion and derision amongst the employees. Having a skillful HR department in place imparts the same message and reaffirms company policies and procedures.     

Rewarding Employees

An HR department can track and note employee performance and recognize employees for their service. This goes hand-in-hand with promoting a positive work environment. Do not shortchange your business by ignoring the value of a compensation package. This can include the following quarterly salary and bonus review, safety awards, and promotions. Recognizing and rewarding employees can stabilize and increase your employee retention rate and improve your company’s overall performance.

Keeping Your Eye on the Prize    

Your goal is to create a positive work environment that promotes your business and contributes to your company’s growth. Whether you have an HR department or not, you need to be aware of the pitfalls and advantages and then decide where to put your company’s resources to maximize your potential. If you need assistance in this area, Linton & Associates, LLC can help with a full range of HR consulting services and a team of seasoned professionals who know the ins and outs of the HR department.