a dog laying on a desk with a computer mouse

For the Love of Dogs

When it comes to morale in the office, man’s best friend has an impact!  We’ve all been there – stressed out at the office, overwhelmed with deadlines, and feeling like it’s just too much. It’s been shown that allowing dogs in the workplace has a noticeably positive effect on employees. Historically, small businesses have led the way in the pet-friendly arena, but many large companies have also adopted the practice (including Google, Etsy, Amazon, and GoDaddy).

The list of pro’s below indicate why it’s a benefit to consider:

  • It helps in recruiting and retaining employees. People love their pets, and they also spend a good number of hours at work. If they’re able to bring their companion with them, they are more likely to be dedicated and less likely to leave.
  • Improves morale and creates workplace camaraderie. Dogs have a tendency to lighten the mood and warm the heart. They also make it easier for employees to connect and communicate.
  • Reduction of stress in the workplace. This is a huge perk and has been the subject of many studies. One such study published in the International Journal of Workplace Health Management showed that a group of employees that were allowed to bring dogs to work were significantly less stressed than those that were not.
  • Shown increases in employee productivity. Having a pet present, encourages employees to take brief breaks throughout their work day, which makes them more productive in the long run. Employees are also more willing to put in longer hours because they aren’t worried about rushing home to let the dog out.
  • Can oftentimes boost a customer’s perception of the business. Most customers have indicated a positive experience when offered a chance to interact with a service provider’s pet, and it can help them to relax and enjoy their visit to the business.
  • Improved employee health and assurance that breaks are taken. Having pets in the workplace encourages employees to get away from their desks and move around through the day. Bathroom breaks for pets = active employees taking breaks.
  • Providing a convenience to employees. Allowing pets in the workplace simplifies the lives of pet owners, and saves them money (dog walkers, expensive daycare, etc.).
  • It’s good for the pups too! Inviting dogs in to the office prevents them from being cooped up at home alone. They get all the attention and love they could dream of when allowed to accompany mom or dad to work.

It’s clear that there are many benefits to allowing your employees to bring their trusted companions to work. Approximately 60% of Americans own a pet. It really is no surprise that so many employers are making the shift towards a pet-friendly office environment.

NOTE: Employers considering allowing pets in the office should be mindful of all of the considerations that need to be made (here’s the fun police part). Coworkers may have allergies to pets, or fears of certain types of animals; your landlord may have restrictions; your insurance carriers may need to add specific coverage for pets on property; and you will need to have clear and consistent guidelines and policies for your staff to know when animals are acceptable, the behaviors that will not be tolerated, and the fact that you as the employer may revoke the privilege at any time. You should also be aware of the differences between service pets (as defined by the ADA), emotional support pets, and companion pets (more to come in our next blog, stay tuned…)

As always, need help with this or anything else employee related, Just Ask Us! 

Concept of studying law career with books and class tools and gavel on wood table and isolated dark background. Front view.

ABC, Not Easy as 1-2-3: Independent Contractors

A California court has narrowed the definition of Independent Contractors. In a recent decision by the Superior Court of Los Angeles, the court ruled that Dynamex Operations West, Inc. had improperly classified workers as Independent Contractors and created the ABC Test.

Dynamex provides courier services. The class action suit was filed by delivery drivers who alleged various wage and hour violations including failure to pay overtime. The court moved away from the long standing test established by S.G. Borello & Sons, Inc. v. Department of Industrial Relations (referred to as the Borello Test), and adopted the ABC Test.

The court’s decision states that the ABC Test “presumes a worker hired by an entity is an employee and places the burden on the hirer to establish that the worker is an independent contractor” by demonstrating:

(a) that the worker is free from control and direction over performance of the work, both under the contract and in fact;

(b) that the work provided is outside the usual course of the business for which the operates; and 

(c) that the worker is customarily engaged in an independently established trade, occupation or business.

The Test makes clear that ALL THREE elements must be met, and the court may evaluate each criterion in any order it wishes.

For example: Smith & Company assembles eye glasses. They hire an independent contractor to procure and implement a new phone system. This individual has incorporated his business and he regularly performs the same work for other organizations who also employ him as an Independent Contractor. The Independent Contractor in this example may likely pass the ABC Test as the work he performs is completely unrelated to Smith & Company’s regular course of business (criteria B), and because he is customarily engaged in providing this service for other organizations (criteria C). But he must also be free to control the work product (criteria A) in order to meet the ABC Test.

The same company also hires an assembler to assemble glasses for them on a temporary basis during a peek season. This individual works from home. He is free to set his hours and the company agrees to pay him per eye glass assembled. The individual works full time at another company as an Accountant. In this example, the individual would not meet the ABC Test as he fails to meet criteria A due to the fact he is performing the same work as others who are employees (working from home is irrelevant); and he fails to meet criteria C as he does not do this work for others. While it could be argued that he does meet criteria A because he is free to control when he performs the work, the hirer MUST be able to demonstrate that ALL three elements are met.

Take-Aways: 

  1. Think twice about reclassifying employees as independent contractors.
  2. Evaluate who is currently being paid as an independent contractor, do they meet ALL THREE elements? Play devil’s advocate with yourself on this exercise (the burden is on the employer).
  3. Engage legal counsel to review your independent contractor agreements and weigh in on who you are treating as an independent contractor.
  4. Bear in mind this case addresses violations of California’s Wage Orders, there are other factors to keep in mind when classifying independent contractors – IRS regulations, Workers Compensation coverage requirements, employee expense reimbursements, EDD and Unemployment eligibly, and so on. Each regulatory body can (and unfortunately often does) make their own determination on classifications.

As always TPPS is here to help keep you on track with all your HR, Payroll, Labor Compliance and Staffing Needs! Need help, Just Ask Us!