Business.com

Business.com

How to Build Organizational Resilience

Posted: 10 Jun 2019 10:00 AM PDT

The fear of burnout means companies are increasingly aware that building resilience strategies for their leaders and employees will be key in navigating this market turbulence. Research shows that high levels of leadership resilience correlate with higher job satisfaction, organizational commitment and work engagement; but few companies fully understand just what resilience is or how best to cultivate it in their workplace. Rather, many employ decades-old management practices that are stubbornly out of touch with today's workforce.

Contrary to popular belief, resilience is not an inborn quality; it's a skill that requires practice. Here are three ways a company can begin to build resilience among its leaders and employees.

1. Resilience needs to start at the top.

An organization's leaders must talk the talk and walk the walk. They must model best practices and provide their employees with the language they need to think and talk about resilience. Leaders should build strong relationships with and among their employees, which in turn will create stronger support systems for workers to rely on in stressful situations. They must not wait to begin forming those connections during or after a crisis.

Innovative organizations dedicate time to both the initial learning efforts and conversations about what employees are learning. Conversations should be designed around helping employees debrief about what they have accomplished so far and forecast where they should go next. Leaders must learn to tolerate failure and mistakes, knowing their team is working hard to move forward.

2. Go beyond simple "well-being" practices.

Many organizations already recognize the importance of supporting their employees' well-being. It is increasingly common for companies to provide their workers with free fitness classes, nutrition education or occasional visits from a masseuse. They may provide employees with mindfulness courses or give them extra time off from work. These are appreciated – and often necessary – steps to take, but they are ultimately insufficient if the goal is to build resilience among employees.

Leaders must work to make sure resilience initiatives are ongoing and integrated into the workplace. They must provide employees with dedicated time to focus on building resilience, and these efforts must be proactive, practical and personal.

3. Make it a habit.

Organizations must go beyond raising employees' general awareness about resilience and help them identify and commit to personal strategies that are the best fit for them. Resilience strategies should be integrated into everyday practices, starting small and building slowly into long-lasting habits. Employees should set specific goals and commit to them in view of their peers, and company leaders should set their own goals around how to help workers achieve theirs.

Resilience is about blending preparedness, responsiveness, and the ability to learn and grow into ongoing strategies that can help individuals and organizations navigate change. It's not simply about surviving – but thriving.

 Co-authored by Shelley Winter, global head of executive coaching at YSC.

How to Join the business.com Contributor Program

Posted: 10 Jun 2019 10:00 AM PDT

Backed by a community of experts, the business.com platform is designed to connect small business owners, industry experts and vendors through a wide array of services, tools and insights. We pride ourselves on featuring relevant content, proven strategies and information you can trust. You could be the source for that relevant and authoritative content if you join our contributor program.

What is the contributor program?

The business.com contributor program is a unique platform where industry experts can submit original content to be considered for publication on our site. It is completely free. At business.com, we know that the best advice comes from those who have been there and done that. Experience is a fantastic teacher, and we believe that your one-of-a-kind knowledge is priceless.

How do I know if I'm a good match for the contributor program?

We are selective when determining who to accept as a contributor. This program is strictly reserved for community members who are experts in the small-to-medium business environment.

What do we mean by "expert"? Use the following criteria to self-evaluate. How many boxes do you check? If it's more than one, you're likely to be accepted.

  • You have been running your business or working in your current industry for several years.
  • You are knowledgeable across more than one part of the business.
  • You consider your business to be in the growth or established stage.
  • Your business model is profitable.
  • You have tested, analyzed and successfully identified your exact target market.
  • Your business has a portfolio of product or service reviews collected from previous customers or clients.
  • You have previously been recognized, spoken at a public event, or been interviewed by a reputable source about your business and/or experience in the industry.

What are the benefits of becoming a contributor?

Part of our mission at business.com is to provide business professionals, like yourself, the ability to promote your expertise by becoming a thought leader, sharing personal experiences and relevant advice you wish you knew when you were first starting out. But just sharing your story and getting your name out there isn't the only pro.

  • Expand your outreach. Content published through the contributor program is shared with a community of 190,000-plus members (which is growing every day) and promoted across the business.com social feeds, which include Twitter, Facebook, Instagram and LinkedIn. Published articles are also considered for feature in our targeted email campaigns.
  • Promote yourself. Each of your published articles will automatically link to your business.com profile, where potential clients, customers or mentees can choose to contact you directly. 
  • Promote your company. We allow one link to your company's website in every article you create. Not only will this help drive traffic to your page, but it will also help you build your brand.
  • Help others. Our mission is to help people grow their business. By sharing your stories, lessons learned and general business perspectives, you can act as a mentor to others.
  • Improve your online presence. We will share our exclusive set of content guidelines based on proven techniques that will ensure your articles are optimized to attract as many readers as possible.

What should I write about?

Upon being accepted to the program and granted access to the contributor dashboard, you will have the freedom to write about your own ideas and interests. We are always looking for fresh perspectives on popular areas of interest in the small business community. However, if you're having trouble coming up with a concept or can't narrow down which area of expertise you'd like to share first, you will have access to a list of suggested article topics that are updated and maintained by our editorial staff.

We do have some simple guidelines to follow, however:

  • Familiarize yourself with our community. By reviewing the various professional categories we feature or checking out the latest questions being asked, you will get a feel for who you are writing to and what they want to know.
  • Know your audience. We have community members all over the world with very different professional backgrounds and experience. To keep your topics focused on our audience, remember that more than 63% of our business accounts consider themselves to still be in the idea, startup or growth stages.
  • Tell your story. If you've experienced a hardship during your professional career, it is likely that others have been exposed to the same issue and would appreciate your guidance. Repurposing your experiences and lessons learned into relevant advice is a great way to connect with readers.
  • Be unique. Whether it's related to an industry trend, a new study or a personal anecdote, make sure that the idea you pitch proposes content our readers and editors haven't seen before.
  • Focus on one or more of our key business categories.
    1. Business Basics: Includes entrepreneurship, franchising, insurance, legal, strategy and how to start a business
    2. Career: Includes certifications, education, leadership and work-life balance
    3. Finance: Includes accounting, finance, funding
    4. Human Resources: Includes employees, hiring and managing
    5. Marketing: Includes branding, business intelligence, customers, public relations, sales and social media
    6. Technology: Includes computers, phones, software, storage, security and networking

What are the rules for contributed content on business.com?

We publish content from different people because we want to provide our audience with a series of well-rounded perspectives. We strongly encourage you to use your authentic personality in these articles. We want our readers to connect with your voice, tone, passion and overall character. We may edit your content for quality, clarity and length, but we will try to keep it as close to the original as possible.

We understand and expect that you may have various questions about the contribution process. Thankfully, our business.com editorial team has you covered. We developed tips and tricks to ensure your articles will get seen, ultimately boosting your personal brand and reputation. We ask that you follow a few simple rules to ensure that your article is of the highest quality:  

  • It must include a minimum of 1,200 words.
  • It's recommended that you include a bulleted list of three or four of the key talking points at the very top of the article.  
  • It must convey an authoritative, unique perspective and include actionable advice for small business professionals.
  • It must be 100% original content, meaning it has never been, nor ever will be, published anywhere else.
  • All content must be based on your own experiences and supplemented by research and/or third-party information, where appropriate. 
  • Ensure that your content is actionable by answering the "why" and the "how." Ask yourself, "What would I Google on this topic to land on this article?" Then make sure you answer that query.
  • After reading your article, a viewer should not need to seek additional resources to answer their questions.
  • Make sure you provide readers with instruction. Without further research, a reader should be able to take the steps or advice detailed in your article and implement it immediately.

We are here to help empower your business. We want to see really great results in return for the valuable time and effort our contributors put in.

How do I become a business.com contributor?

First things first: You'll need to log in to your business.com community profile. If you don't have one yet, you can easily join our community for free by clicking here.

Once you're logged in to your community profile, go to the dashboard and select "Become a Contributor" as shown in the screenshot below.

 

You can also follow this link to apply to the contributor program.

The application will inquire about your professional experience, previously published content, sample topics you might want to write about, and links to your personal social media to help us verify your identity. The information you provide on the application allows us to evaluate whether your expertise is a good match for our contributor program.

By filling out this application in full detail, you allow us a glimpse into your professional journey. An ideal application would include a detailed and insightful bio, a professional picture, quality writing samples, and evidence of your connection to the SMB community.

Frequently asked questions

How long will it take for my application to be approved?

It can take up to a week for your contributor application to be reviewed by our editorial staff and approved, but it may happen within one day.

What happens after I submit an article?

It goes into a pending state. The editorial team will review the article to ensure it meets our guidelines for quality, authoritativeness, length and originality. That team will then approve or decline the article. In the event of a decline, the editors will usually include a note to indicate why it was sent back. A declined article can be fixed to address the issue and resubmitted. If your article is accepted, you will receive a notification. From there, it goes into a queue to be copy edited and produced. Then it will be scheduled to publish. Feel free to check your contributor dashboard for updates on an individual article's status.

Why might an article get rejected?

  • It is too short (1,200 words minimum) and not comprehensive enough.
  • It does not contain actionable and helpful information for a small business owner.
  • It has been published elsewhere online.
  • It contains infographics from third parties or other images and video.
  • It is a "roundup," meaning it endorses a list of things (e.g., "10 Best Apps for Small Business").
  • It contains interviews or quotes from third parties, not your point of view.
  • It is poorly written and contains a lot of grammatical and spelling errors.
  • It is overly promotional for a specific company or product.

How long does it take for my articles to be published?

From the time of submission, it may take up to a week for the article to be accepted. It may take up to a week from then to appear on the site. The editorial team strives to be as responsive as possible, but due to the high volume of submissions, it can take time. If you feel your article is taking longer than that, feel free to reach out to the editor@business.com account and we will investigate.

How else can I benefit from the business.com community?

Besides acting as a platform to publish your content, the community offers a variety of beneficial features for growing your business and sharing your expertise. By creating a community profile, you will instantly have access to thousands of business articles, advice from other experts and the ability to act as a thought leader by sparking discussions. The more active you are, the more likely you are to have members contact you as prospective clients.

Responding to questions or commenting on others' answers is a great way to generate leads. By helping members who are struggling through a specific business challenge in your area of expertise, you position yourself as the authority on the topic.

You will have an opportunity to appear in our Expert Search, which is a directory of service providers available for hire. Your frequency of activity in the community is one of the factors in our Expert Rank algorithm that determines where you are positioned in the results. To rank higher, you will need to optimize your community profile by providing compelling information about yourself, the services you offer, your experience, professional reviews and links to all of your social accounts.

On the flip side, you can use the community to get answers to your own questions. Need help finding the right product or service for your business? Have a specific question outside of your area of expertise? You can easily post a question or reach out to other experts to gather information and feedback.

Property Leases: What SMBs Need to Know

Posted: 10 Jun 2019 07:00 AM PDT

  • The key to signing the right business lease is research. As a start, research the building owner, landlord, zoning laws, environmental expectations and nuisance laws.
  • Know how much you have to pay, what exactly you're covering and how much your rent will increase each year. Some leases include extra payments, like utilities, insurance, or maintenance, while others fold all your expenses into one monthly lump sum.
  • Establish details on how your lease will be transferred in the event your business closes or you move. Two examples include assignment of the lease, which allows another business owner to fully take it over, and subletting.

Signing a lease is a rite of passage for any new business owner. Whether you're opening a store, moving into an office space, or renting out facilities for production, at some point, you're probably going to have to put pen to paper and reserve a space for your business. The world of commercial real estate can be complicated, and it can sometimes take years to find the space you're looking for. Once you've done the legwork and found the space, signing the contract could feel like an annoying final step to get over with so you can get moved in and focused on running your business. As with most legal agreements, a business lease shouldn't be treated in a cursory way.

"You have to do a lot of planning when you're moving from one space to another," said Walter Gumersell, partner with Rivkin Radler. "Confirm the terms that you're going to be taking – rent, security deposit, term of the lease and the use of the space is key. You want that to be as broad as possible."

It should be no surprise that the fine print in a commercial lease is very important. There are two basic steps to take before signing a lease: do extensive research and be aware of typical statutes included in business leases.

Steps for research include vetting the landlord, determining the building owner, researching zoning laws and getting a general feel for the area. Before you sign a lease, make sure you get an idea of the payment structure, your own personal risk exposure, the transfer structure, the landlord's desired holdover rate and any nuisance clauses in your lease. These are some important things to look out for, but keep in mind that typical commercial lease practices vary by state.

Research the area, landlord and lease details

  1. Understand the area. The key to signing the right commercial lease for your business is doing extensive research. While looking for a new property, if you're selling a product or service to the public, analyze the area and get a good idea of your potential clientele. Location means everything for a small business to thrive, so when you're shopping around for the right properties, take your time and find the right new home for your business. Gumersell said this process can take two years or even longer, so make sure you plan accordingly if your current lease's end is in sight.

  2. Find out more about the landlord and building owner. Gumersell also said that one of the most important aspects of research that is often overlooked is learning more about the landlord and building owner. Sometimes your direct landlord may not be the true building owner. Either way, it's good practice to find out as much about the landlord and building owner as possible. You're entering a business partnership together, so make sure you have an idea of who they are, what their financial situation is and whether they're making good on their payments. In some states, for example, if a landlord fails to make his or her payments to the building owner, or fails to make mortgage payments to a bank, the business or tenant can end up getting evicted in the event of foreclosure – even if the business has been on time with every payment. That's just one example of how a landlord, tenant and building owner relationship can go awry. Gumersell said businesses can conduct a public records search to find out more about the landlord. You can also request documents related to the landlord's LLC or business entity to learn more about whether it's an ideal partner for your business.

  3. Research zoning laws. Another component to look into is the zoning laws. While your landlord may designate your space for, say, running a restaurant, you have to make sure the landlord's aims are consistent with the laws of your municipality. There are scenarios where a landlord or building owner may think they can lease their space to a certain type of business, but it doesn't match standard zoning laws in the area. By aligning these two details, you can ensure that your business can operate without any major legal headaches from the town or city you're operating in.

  4. Nuisance laws and the environment. One of the most important aspects to signing a lease is being able to operate your business to its fullest capacity once you open your doors. Many leases have extensive points on noise, smells and equipment. Anne Brooks, a tax attorney, said that when she signed a lease for her restaurant, she had to negotiate an "offensive odors stipulation." 

"The building rules said no offensive odors," she said. "Whether a smell is offensive is subjective, so I made sure there was an exception for smells ordinary to a restaurant." 

Gumersell said nuisance laws are important, but so are environmental laws. It's important to research basic environmental laws regarding the property before you sign anything. These laws can often be missed by landlords, and they could be used against your business. Make sure you research this aspect of the lease.  

Important commercial lease statues to keep in mind

When it comes to actually reviewing your lease, there are some basic aspects to keep in mind. Rent structure is probably the most basic and most important aspect of any lease. By determining how much you pay per month, as well as how much your rent will increase each year, you can better determine budgets and get a full understanding if you can stay in business in this new space.

In addition to pricing structure, the lease terms are also very important. Weigh your options and consider short-term vs. long-term leases. Long-term leases can be a great investment if you're opening a business in an emerging or growing area. Short-term leases provide you with the flexibility to move locations or shutter your business if it doesn't pan out in the way you hoped.

Both with payment structure and term, it's important to understand exactly what it is you're on the hook for each month. Ask your potential landlord about the following and how it's paid:

  • Insurance
  • Property taxes
  • Maintenance – both interior and exterior
  • Repairs
  • Security
  • Parking
  • Local nuisance laws – noise or scent, for example
  • Utilities – water, gas, electric, etc.
  • Modifications – Can you adjust the interior or exterior of your space?

Once you've established some basic pricing and term structures to your lease, it's important to dive into some of the less obvious details. While your lease will likely vary based on what state you're in, the following are some good examples of statutes to be aware of before signing a lease.

  • Transfer structure: It's important to iron out how your lease will be transferred if you want to leave the space or your business closes. There are generally two structures for transferring, according to Gumersell: assignment of the lease and subletting. Assignment of the lease means the entire lease is transferred to a new tenant. Subletting is when a current tenant keeps his or her name on the lease but receives payment from a new tenant and transfers that money to the landlord. In both instances, you usually have to establish prior written consent before the lease transfer. This is a very important aspect of your lease to work out.

  • Personal exposure: In some cases, you may be required to sign personal guarantees when you sign a commercial lease. These agreements mean you're personally on the hook for aspects of the lease even if your business defaults. Work with legal counsel to negotiate this aspect of your contract. If possible, you only want your entity or legal business to take on the risk when signing a business lease.

  • Holdover rent: Holdover rent is a rent increase when a tenant stays after the lease has expired. It's hard to find a lease, and sometimes when businesses are moving spaces they end up staying longer then their current lease allows while the new one is set up. In many contracts, landlords will include that in these instances businesses are on the hook for up to 250% of their normal rent payment per month. So, if you stay beyond your allotted time, it could cost you tens of thousands of dollars. Gumersell recommends negotiating this aspect down to around 125%.

  • Non-disturbance agreement: In many cases, if the landlord fails to pay his or her mortgage on the property, your business will still be evicted even if you're making all your payments. A non-disturbance agreement, according to Gumersell, says that if this occurs, you'll be permitted to stay and continue paying whatever entity has taken over the building from your landlord.

Everything can be negotiated

Nothing in a commercial lease is set in stone. While these are some good examples of things to be aware of, there are likely many aspects to your lease that can be negotiated. Work with your potential landlord and, if necessary, an attorney to make sure you get the best deal for you and your business.

How Entrepreneurs Can Stop Burnout Syndrome

Posted: 10 Jun 2019 06:00 AM PDT

The World Health Organization recently updated the definition of burnout under ICD-11 for Mortality and Morbidity Statistics. Burnout is now defined as a "syndrome conceptualized as resulting from chronic workplace stress that has not been successfully managed."

The characteristics surrounding burnout are not unfamiliar-sounding ones. Signs include feelings of exhaustion, feelings of negativity toward one's job, an increased mental distancing from the position, and a lack of productivity and efficacy.

The World Health Organization notes that the phenomena of burnout applies specifically to the occupational context. Previously, burnout was defined as somewhere between not being able to do work while not being sick in a traditional sense. The updated definition is now recognized as a legitimate syndrome.

Countless individuals, from full-time employees to entrepreneurs, suffer from workplace-related stress — wait, hold on. What about entrepreneurs? These are the same individuals that exit jobs to pursue their passions and become their own bosses. While small business owners are reported to have a strong outlook for 2019, they have to be careful they do not suffer symptoms of burnout syndrome.

If an entrepreneur finds that he or she is suffering from burnout, what's the best thing they can do to remedy the situation?

Slow down.

Entrepreneurs tend to maintain a go-go-go pace with their startups. This is particularly true of the early days in business. Every day is a make or break moment as the entrepreneur focuses on increasing revenue, building brand awareness and growing their customer base. They are pulling out every stop possible to sustain the business. Self-care gets shelved for later. The small business needs to be the top priority.

Being "on" for the unforeseeable future isn't a long-term strategy. If anything, it paves a faster road to burnout — made all the more unfortunate because that means burning out on your dreams. Dial your small business down from eleven. Wait to send a thoughtfully written email instead of responding within seconds. Loosely schedule your workday so you have room for last-minute meetings or extra time to complete a project. Slowing down doesn't mean you have stopped moving completely. It simply means you're focusing on taking the workload in at your own pace.

Reevaluate where you are in all aspects of life.

We're midway through 2019, which is the perfect time to evaluate your current situation. Where is your company right now? Did your business hit any goals you set for it this year? Odds are that your business is on the right track, but probably needs to re-strategize a few priorities. Evaluate what has been working and what hasn't for the startup. This will help you plan to do more of what works and provides strong ROI for the startup versus sticking with tired tactics.

Don't forget the owner of the business either. Are you where you want to be physically, mentally or financially? Chances are you may feel a bit unfulfilled in at least one area. This doesn't constitute as burnout, however, if you are working toward a goal. If there is significant progress being made, you are still growing and on the right path forward. Professional and personal alike, don't lose sight of your goals.

Consult a professional for help.

Burnout remedies vary for everyone. What works for me, like taking Pilates, may not work for someone else. There's also the issue of trying out everything, from meditation to switching your diet, and hitting a wall. This leads to (reasonable) frustration. You tried everything advised to defeat stress and it still caught up with you. What can you do now?

The next best move you can make is seeking professional help. Burnout is now classified as a syndrome, and it's critical to consult a therapist or another licensed professional. You may do this if you are currently experiencing burnout or feel like you're on the edge toward it.

Asking for help isn't a sign of weakness. See what you're doing as a proactive decision. Make an appointment and talk about how you're feeling. Opening up will allow you to uncover what's truly troubling you and find solutions that work for you and help keep you growing and moving towards your dreams.

The Biometric Time and Attendance System Laws You Should Know

Posted: 10 Jun 2019 05:00 AM PDT

  • Biometric time and attendance systems use fingerprint, facial, palm or iris scans to record work time.
  • Illinois, Texas and Washington all have laws in place governing how the biometrics are recorded, stored and used.
  • Businesses in those states need to understand the laws and make sure they have policies for how consent is gathered, how the data is stored, and how and when it is destroyed.
  • Employees can refuse to provide biometric scans, but employers can terminate them for it.
  • All businesses should be aware of these laws, because other states have similar pending legislation.

There was a time when using a fingerprint or facial scan in the workplace was reserved for highly sensitive jobs or top-secret government positions. Today, however, biometrics are increasingly common in all types of businesses.

Its tie-in to time and attendance systems is contributing to the increase in biometric data collection in the workplace. Many of today's time and attendance systems offer the options of recording employee time by fingerprint, palm, iris or facial scan.

However, as these types of systems become more prominent, numerous legal issues around their use are arising. While currently only several states have laws on the books regulating how biometrics can be used in the workplace, that doesn't mean more states won't follow suit. With that in mind, Kevin Kelly, a partner in Locke Lord's Labor & Employment group, said all businesses should be aware of these issues.

"Businesses need to be aware of the significant compliance requirements associated with implementing biometric time and attendance systems," Kelly said. "An employer's failure to have a proper compliance program in place can result in significant liability."

Biometric time and attendance systems

Tracking employee attendance and time is a critical task for many businesses. Without accurate records, employers could be paying employees for time they haven't worked.

Knowing the huge impact it can have on their bottom line, many employers have ditched paper timesheets or old punch timeclocks in favor of digital time and attendance solutions. These systems automate the entire time-tracking process. It keeps detailed real-time data of when employees come and go, which it automatically transfers into a payroll solution in time for payday.

Editor's note: If you're looking for information to help you choose the time and attendance system that's right for you, use the questionnaire below to have our vendor partners contact you with free information.

buyerzone widget


These types of systems cut down on employee time theft. Since workers have to digitally clock in and out each day, they're not simply writing down when they start and end their day. This eliminates the possibility of employees getting paid for time they aren't actually on the clock.

Research from time and attendance system provider TSheets found that nearly half of U.S. employees admit to time theft. This costs employers more than $11 billion a year.

Today's time and attendance systems allow employees to manage their time in various ways, including via computers, mobile devices, PINs, and swipe and badge cards. However, all of those options open up the possibility of buddy punching. Buddy punching is when an employee clocks in or out for one of their co-workers. The TSheets study found that 16% of U.S. employees admit to buddy punching, which costs U.S. businesses $372 million a year.

The best way to combat buddy punching is through the use of biometric clocks. A growing number of time and attendance systems now offer some form of biometrics. Biometric clocks force employees to punch in and out using a fingerprint, palm, facial or iris scan. Requiring such a scan removes the option for an employee to clock one of their co-workers in or out and ensures that employers aren't paying for time an employee didn't work. [Looking for a time and attendance system? Check out our best picks and reviews.]

However, how these scans are stored and how employees are notified of biometric scan requirements and storage have opened up a number of legal issues.

Current biometric time and attendance system laws

Currently, three states – Illinois, Texas and Washington – have specific laws regarding biometric uses in the workplace. 

"The hottest legal issue right now is that several states (Illinois, Washington, Texas) have passed laws that regulate how companies may collect, store, and disclose biometric information (such as finger or retina scans commonly used by timekeeping systems), and similar legislation is pending in many other states," said Lauren Daming, an associate with the Greensfelder law firm.

Illinois was the first to approve legislation on the issue. Lawmakers there passed the Illinois Biometric Privacy Information Act in 2008. The Illinois law requires consent be obtained before collecting biometric data and governs how the data is disclosed, profited from, protected and retained.

Texas followed suit in 2009, passing legislation that requires businesses to gather consent if they are selling, leasing, or disclosing biometric information and lays how out the biometric information is stored and protected. It also mandates that the biometric data must be destroyed within one year of it being collected.

In 2017, Washington passed a law that spells out how biometric information is collected, stored and used.

Philip Gordon, who co-chairs Littler's privacy and background checks practice group, said New York employers are barred from requiring employees to be fingerprinted. 

"New York's Department of Labor has interpreted that law, in an informal opinion letter, to apply to a requirement that employees place their finger on a scanner for a biometric time clock," Gordon said.

Biometric workplace lawsuits

Illinois is the state that has seen the most activity surrounding this legislation because, unlike Texas and Washington, it has a private right of action.

"The Illinois Biometric Privacy Act has a private right of action that has been attracting a lot of attention from plaintiffs' attorneys as dozens of class-action lawsuits have been filed in the last few years," Daming said. "BIPA includes statutory penalties of $1,000 or $5,000 per violation, which can add up to significant potential damages, since plaintiffs' attorneys argue that each individual scan of an individual's finger to clock in or out constitutes a separate violation of the act."

One such lawsuit involves Illinois steelmaker A. Finkl & Sons Co. According to BiometricUpdate.com, the company is facing a class-action lawsuit that alleges employees weren't asked to give consent to using their handprints to clock in and out. In addition, they argue that they never received details on how that information is stored and when it would be destroyed.

Gordon said that since Illinois permits enforcement by private individuals, as opposed to government agencies, and allows recovery of statutory damages, class-action lawsuits have been filed against more than 200 employers with employees in Illinois.

Complying with biometric workplace laws

To ensure you are complying with biometric laws, you first need to figure out which laws apply to your business and what those laws require, according to Daming. 

"Then, they need to take an inventory of the data that they're collecting, storing, or using and consider whether it constitutes 'biometric information' under any applicable law," Daming said. "This inventory should also examine how the information is being collected, how it is being stored and for how long, how it is being shared or disclosed, and what purpose it is used for."

Kelly said gathering consent is a big issue employers need to be aware of, especially in Illinois.

"Businesses using biometric timeclocks need to be certain that they have a comprehensive compliance program in place that meets all of the requirements of applicable law," he said. "In Illinois, for instance, such a compliance program would require, among other things, that the employer obtain each employee's written consent before using the employee's biometric information."

Employers should develop a complete policy that describes how the information is collected, what it is used for, how it is stored and for how long, and when it is destroyed, Daming said.

"Companies that use biometric timekeeping systems should also ensure that their insurance policies provide coverage for claims that could be brought under biometric privacy laws," she said. "Companies should also make sure that any third parties that they interact and share data with – such as payroll companies – are in compliance with applicable laws."

Businesses that operate in multiple states or have employees who are represented by a union have a few other factors to take into account. Daming said those that have locations in more than one state should develop policies that harmonize requirements across jurisdictions, while those that have union employees should consider whether a proposed policy or changed procedure related to the timeclocks may trigger bargaining obligations or necessitate other communication with a representative union.

Employee options

The one option employees have when it comes to biometrics is refusing to provide a fingerprint or facial scan. However, that could very well result in an employee losing their job. 

"Under the Illinois law applicable to biometric timeclocks, employees must consent in writing before an employer can use the employee's biometric information, and therefore an employee can refuse to provide such consent," Kelly said. "However, employers can potentially make such consent a condition of employment, meaning that the employee won't be able to continue employment unless such consent is provided."

Gordon said that even in situations where consent isn't required, employers can let an employee go if they refuse to provide their biometric scan.

"In jurisdictions where employers are not required to obtain employees' consent, employers also can condition employment, or continued employment, on use of a fingerprint or facial scans subject to objections on religious grounds," Gordon said.

Daming said in cases where an employee refuses on religious grounds, or has a physical condition that prevents them from providing a scan, employers would likely need to provide an alternative method for clocking in and out.

The future of biometric laws

Although biometric laws currently only apply to employers in a few states, Gordon believes privacy laws will continue to grow throughout the country. He said several states already have pending legislation modeled after the Illinois and Texas laws.

"San Francisco recently enacted a ban on law enforcement's use of facial recognition," Gordon said. "While that ordinance does not apply to private employers, other city or state governments could enact expanded prohibitions in the future."

Daming agrees that biometric privacy laws will become more prevalent moving forward.

"We're already seeing that with the proposed legislation around the country," she said. "I think everyone (consumers, employees, etc.) is becoming more aware of and concerned with privacy rights – we can see that with California's recent passage of the California Consumer Privacy Act – and this will probably lead employees and consumers to think more critically about where their biometric data is going and how it's being used."

How to Get the Most Out of Your Online Marketing Efforts

Posted: 10 Jun 2019 05:00 AM PDT

Those looking for advice can solicit it from their peers, while others can share their extensive expertise with those who need it.   

It's that peer-to-peer give and take that makes the community such a valuable part of business.com. Overall, the site has more than 190,000 members from around the globe. The community is able to thrive like it does because of our members' eagerness to drive conversations, whether through asking questions, answering questions or contributing articles.

Each month, we spotlight one of our community members for their contributions. This month we are recognizing Rolando Herrera, co-owner and vice president of marketing for the Texas-based Insignia SEO.

Digital marketing advice

Herrera is a frequent contributor to the business.com community. Specifically, he shares his vast knowledge of best marketing and SEO practices via business.com's contributing author program. The program allows expert members of the community to submit their own articles for publication.

Rolando Herrera

In another article Herrera wrote this year, he highlights what small business owners need to know about online marketing. He says the concept of marketing relies on one fundamental objective: building solid relationships with your clientele through effective research and advertising."Digital marketing requires businesses to take a patient, multifaceted approach with a huge payoff on the back end," Herrera wrote in the article. "If you are willing to reconsider the fundamentals of your marketing approach, you can see the traffic numbers that you want."   

"Even if you're selling a time machine or a map to the Fountain of Youth, you won't achieve any financial growth unless your target audience knows what your products or services are," Herrera wrote. "For this, you'll need an effective strategy that will leverage your marketing goals and sustain the profitability of your business."

He says small businesses would be best served by focusing their efforts on three key digital marketing areas: keyword research, content marketing and social media.

Bio

  • Name: Rolando Herrera
  • Business: Insignia SEO
  • How long in business: 6 years
  • Community member: 3 years
  • Areas of expertise: SEO, paid advertising, digital marketing, marketing strategy, public relations, sales, social media, branding and concept creation

Q&A

Q: What attracted you to the marketing industry?

A: My first job was working at Walt Disney Theme Parks, and eventually I had the opportunity for a professional internship in marketing and sales for the Disney Youth Group Programs division.

Working in Orlando and getting to know professionals in the field of marketing for one of the largest companies in the world motivated me and gave me the drive to learn more about marketing and its many different channels. 

Q: What makes Insignia SEO stand out in such a crowded industry?

A: Insignia SEO currently shows up as a first-page result in more than 50 U.S. cities for SEO. What makes us stand out is our focus on the technical aspects of search engine optimization.

For us, it's not about creating content, listings and backlinks, but perfecting each task and doing it as best as is possible. We spend time on research and strategy, and when we have the best understanding of the path ahead, we take it. 

Q: Why did you join the business.com community?

A: I joined business.com because I felt I could learn from the community and impart some of my knowledge through this authoritative channel. 

Q: What do you enjoy most about being a part of the business.com community?

A: I enjoy how selective the business.com community is with its content curation. I like the forum that it has and how it ties in experts in various fields to those starting out or looking for answers from professionals.

Q: How do you decide what to write about when contributing an article? 

A: I usually take on the topics that I feel I master well enough to write about. I want to make sure that the content I write comes from real-life experiences and interactions with clients. 

Q: What is the best professional advice you have ever received?

A: It's not practice that makes perfect, but perfect practice that makes perfect.

Q: What is biggest professional mistake you have ever made, and how did you overcome it?

A: The biggest professional mistake I made was to remove myself from a substantial business deal because I thought at the time that I couldn't measure up to the responsibilities that came with that deal.

At this point in life and in my career, I find that most things are manageable and it's the perception that needs to adapt to the circumstance in order to overcome it.

Join the business.com community

At business.com, we understand the stress of running a business. You are so bombarded with advice on the importance of marketing, improving your website or training employees that you can barely focus on the day-to-day operations. Our community was created to help cut through the clutter of information and be a place for business professionals to connect and share advice to overcome business challenges. If you would like to be a part of our community, you can join for free here.

As a business.com community member, you'll have access to …

  • Advice. Ask the community anything related to business, or browse our library of advice with more than 6,000 questions and 60,000 answers.
  • Reviews. Get recommendations on the best products and services to accelerate your business growth with our detailed reviews.
  • Articles. Learn from our extensive collection of resources written by our qualified team of writers and experts in the community.
  • Experts. Connect with experienced business professionals available for hire to build your network, get inspiration and learn from their mistakes.

If you are already a community member and would like to be considered for our Member of the Month feature, please send an email to editor@business.com. We'd love to help you share your business story.
Posted by: at

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)