Idomeneo » Newsletter – May, 2011
Newsletter – May, 2011
In this Issue:
- A Message From The CEO
- Summertime – And The Internship Is Easy…Or Is It?
- Alerts
- Did You Know
- Site To See
- The Reading Corner
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A Message From The CEO
What are you waiting for?
Last Saturday I was preparing to go out and run errands, and I realized what an unbelievably beautiful day it was outside. You know, the kind of LA day that everyone thinks we have all the time – a bit breezy so everything is crystal clear, 83 degrees, just perfect.
As I contemplated my errand filled day, I toyed with the idea of calling a few friends – spur of the moment – and inviting them over for dinner that evening. I love entertaining. I love having great friends over, eating wonderful food, and laughing our heads off (hilarity generally ensues).
But alas, I didn’t call anyone. They probably aren’t available on such short notice, I haven’t planned a menu, I need to do the laundry, blah, blah, blah. I came up with a thousand reasons I couldn’t have a gathering that evening. And all of them – ALL of them were tied to, “well, when I do X, then I can throw a proper dinner party”. In the meantime, I missed a perfect LA summer evening. No, I didn’t miss it, I tossed it away – let it slip by, did nothing.
What is this crazy ying and yang that goes on in our heads? When I do X then (and only then) can I do Y. When I finish my eMails, I can send out those marketing letters. When I get through the mail, I’ll start on those prospecting calls. When everything is perfect, I’ll have that dinner party, or start exercising again, or spend more time with family, or start a newsletter, or contact former clients, or, or, or. And, as we wait for the perfect time, the perfect time is passing us by. Now is the perfect time. The day will pass if you do the thing, or don’t. And if you don’t, you will have another lost day, another missed opportunity, another chance that you tossed away.
You have no idea what serendipity can come to you when you get on with it. I called two friends a couple of days later (as I was thinking of writing this column) and asked what they were doing for dinner. Both were free, and dropped by, WITH dinner no less! We ate wonderful food and laughed our heads off. And when the evening was done, the day had still passed – but I had a great memory of doing something that I loved, with people I love, enjoying the sheer experience of life.
I was so energized the next day, I accomplished five tasks that have been hanging around, undone, for a month. One of which was sending out marketing letters. Surprise of all surprises, one of the recipients called me before I could even do the follow up calls, and asked to have a meeting because she thinks we are a great fit for her company’s needs. So, we have a great new prospect; all because I sent the letters, because I was so energized, because I had a great time with friends, because I made the call. Serendipity.
This month’s newsletter offers a few items to help you take action. Now is the time to plan for those summer interns, but take a look at the Dept of Labor’s guidelines. If you run a restaurant in California, there is no time like the present to get on board with the new Food Handler Card requirements. And, just to add a little spice – something you don’t have to do anything about; the 1099 reporting requirements. Our Site To See will protect you as you use the cloud to help you get things done, and the Reading Corner will expand your thinking.
So, what are you waiting for? Get on with it. Do the thing. Do it now. If you keep waiting, the day will have passed – and you will have accomplished little.
Vicky Brown
CEO
Idomeneo Enterprises, Inc.
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Summertime – And The Internship Is Easy…Or Is It?
It’s that time of year again! Our thoughts are turning to the outdoors, shorts, flip flops, long lazy days, vacations, afternoon naps, brilliantly warm weather, and of course, summer internships!
Internships are a wonderful thing – they give an inquiring young mind the opportunity to experience a working environment, and they give the company access to fresh talent. But beware – if your internships are unpaid, you are limited in how, and under what circumstances, you use that talent.
The Dept of Labor frowns on anyone doing a task for free that would normally be part of a paid job. Is your unpaid intern answering phones, filing letters, running errands, sorting mail, working on a company project? If the answer is yes, you may unintentionally be in violation of wage and hour laws.
As a rule of thumb, if the internship is unpaid (sometimes referred to as ‘credit only’), the intern will not be permitted to do work that benefits the company (and yes, answering your phones benefits the company – not the intern). The Dept. of Labor looks at the facts and circumstances of each program on a case by case basis, and generally uses the following six criteria when making a determination on unpaid intern status:
1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
2. The internship experience is for the benefit of the intern;
3. The intern does not displace regular employees, but works under close supervision of existing staff;
4. The employer that provides the training derives no immediate advantage from the activities of the intern; and on occasion its operations may actually be impeded;
5. The intern is not necessarily entitled to a job at the conclusion of the internship; and
6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship
While many employers focus on #5 and #6, it is a good idea to focus on #2 and #4. It is critical that the intern derive the benefit, not the company. By way of example, dealing with your social media would be considered a benefit to the company, as would stuffing direct mail envelopes, taking lunch orders, administrative tasks, reception tasks etc.
An intern should generally ’shadow’ a current employee, to learn how he/she does their job and how decisions are made. If the company needs a project done, it is fine for the intern to do the project, but a staff member should also do the project. The work that the intern does is only for their benefit. So if the company needs the work output, a paid staff member must provide that output.
There is no law against interns stuffing direct mail envelopes, taking lunch orders, performing administrative tasks etc. You simply are required to pay at least the minimum wage and any overtime that may be incurred.
We often hear “well, it is a formal internship, established by University of Pluto”. Unfortunately, even though the University has a formal internship program, if the intern is engaged in the operations of the employer or performing productive work, that time must be compensated at minimum wage or better.
In general - if the intern is performing a task that would be performed by a paid worker, you must pay the intern. The DOL has a great Fact Sheet on Internships http://www.dol.gov/whd/regs/compliance/whdfs71.pdf It will provide additional, detailed information.
So, go ahead – take on an intern, just be clear on how you can use their talent.
Pass the lemonade.
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Alerts
California New Food Handler Card Law
This is a special alert for our friends who own and/or run restaurants in California. The new Food Handler Card requirement is almost upon us – July 1st is the date. In 2010, Governor Schwarzenegger signed SB 602, which requires, among other things, that all individuals working in restaurants, who are involved in food prep or service, must have a valid Food Handler Card as a condition of employment.
Workers who must obtain a Food Handler Card include, but are not limited to, wait staff, chefs, head cooks, cooks, bussers, bartenders, hosts/hostesses who handle food and supervisory personnel (i.e. general manager or managers). Part time workers (such as high school students) must also get a Food Handler Card. Employees holding a valid manager’s food safety certification need not obtain a Food Handler Card; but those without the certification do need to get the Food Handler Card.
The due date of the new law is July 1, 2011 – by that time, all eligible restaurant workers must have completed training and obtained a Food Handler Card; employees hired after June 1st have 30 days to become compliant.
The Food Handler Card requirement isn’t new, a number of counties (Riverside, San Bernardino and San Diego) have pre-existing local food handler card programs. However, now those requirements have been extended to the whole state, and expanded to cover a number of additional positions. The requirements of the various programs aren’t coordinated. So, if a waiter works in Riverside county and also has a part time job in Los Angeles county, he/she must have 2 cards, the Riverside county card, and the California Card (which covers LA county).
Workers can get the Card by completing a 2.5 hour training course and taking the certification exam. The training and exam can be administered online (cost $15) or the employer can have specific managers/shift leaders certified as instructors, and administer the training and test in-house. If the employer uses an in-house program, it must be offered during normal working hours and the employer is responsible for paying the employee for training and testing time. If the employer does not have a certified in-house training/testing program, the employee is responsible for training/testing time and fees.
The Card is ‘owned’ by the employee, valid for 3 years, and moves with the employee from job to job. Each employer must require that the employee produce the Card as a condition of employment, and may not hire them if they do not hold a valid Card. Employers are also responsible for tracking Card expiration dates.
This is a significant change for California restaurants and their employees. And while it is believed that the enforcement will be limited to ‘education and notification only’ during the remainder of 2011, it is recommended that employers determine policies and tracking procedures, and implement them immediately.
For additional information and certified training/testing, check out www.calfoodhandler.com
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Did You Know
Update
It happened! Congress repealed the new 1099 reporting requirements (see Idomeneo Newsletter – February, 2011). Let the crowd rejoice!
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Site To See
If you use cloud based services, this could be the backup product for you. Backupify offers all-in-one archiving, search and restore services for many cloud based apps. such as Google Calendar, Facebook, Twitter etc. The basic plan is free.
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The Reading Corner
The E-Myth Revisited: Why Most Small Businesses Don’t Work and What To Do About It
Michael E. Gerber
Michael Gerber guides the reader through the what, when and why of growing a successful business. A must read, particularly if you work in your business.xxx
