Staffing Now, April 2016

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STAFFING NOW T H E

V O I C E

O F

N O R T H

C A R O L I N A

E M P L O Y M E N T

P R O F E S S I O N A L S

VOL. 16, NUM. 4, APRIL 2016

IN THIS ISSUE: INTRODUCING

SCOTT WINTRIP

KEYNOTE & BREAKOUT

SPEAKER 2016 Annual Training

C O N F E R ESEENPAGE C E4

FIVE STEPS

TO BREAK OUT

OF A RECRUITING SLUMP SEE PAGE 11

HAVE YOU REGISTERED FOR THE MAY EVENT? SEE PAGE 34


STAFFING NOW

A Word from the President Hello Members! As the first quarter of 2016 comes to a close, NCASP is busy preparing for our Annual Spring Training Conference in Wrightsville Beach! Registration is now Open! We have a dynamic line up this year to “Train Your Brain to Accelerate Your Success”. You will find more information regarding the program within this edition of our E-zine but here are a few highlights about which we are excited:

• Rookie/Agent Bootcamp: Presented by Amy Munroe & Donna Mallard, this

• • • • • •

full day training on Thursday will give recruiters the tools needed to run a successful desk. This is great for rookies or as a refresher for veteran recruiters. (1-day pricing is available) Owner/Manager Session: Thursday afternoon we will also have a program geared toward owners and managers. Do you know what makes your employees happy within your firm? What can you do to retain talent internally? We will ask these questions and others of a few of the state’s successful recruiters. Scott Wintrip is our Keynote speaker. He will teach us how to increase accuracy and speed in acquiring talent, how to get our clients to respond quickly and pay higher fees, and introducing On Demand Hiring. Amy Munroe, Donna Mallard and Scott Wintrip will also be our Breakout Session Speakers on Friday afternoon. Legal Updates throughout the weekend. ASA State of the Industry update Volleyball Tournament and Trending Table Topics Charity Reception benefiting Juvenile Diabetes Research with Charity Raffles and Auctions

As you can see, there is a lot to look forward to at our conference. Space is filling up quickly and we want to be sure you reserve your spot. Feel free to reach out to Jason Perillo (704-575-9444) or me to register today!

THE VOICE OF NORTH CAROLINA EMPLOYMENT PROFESSIONALS

Volume 16, Number 4 April 2016 NCASP Address c/o Janee Hill PO Box 1922 Wake Forest, NC 27588 919.862.3996 Janee Hill, CPC President JaneeHill@pathwayrp.com Editor in Chief | Rita Bottoms rbottoms@theresource.com Graphic Designer | Stacey Chacon stacey@staceychacon.com Contributing Writers: Nick Andriacchi Janee Hill Gus Kontogianis Mary Mallett Sidney Minter Jason Perillo Kerri Quigley Scott Ravanesi Lauren Story Jonathan Weiner Jill White Published by

Not an NCASP Member (yet!)? Be sure to check out our specials on page 27! Janee Hill NCASP President

LIKE US ON FACEBOOK!

In this issue Page 2 . . . . . . . President’s Message Page 3 . . . . . . . . April Webinar 4/13 Page 4-5 . . . . . . May Event Speakers Page 6 . . . . . . . . May Event Agenda Page 7 . . . . . . . Award Nominations Page 8 . . . . . . Thursday 5/12 Training Page 9 . . . . . . . NCASP Gives Back Page 10 . . . . . . Essential Staff CARE Page 11 . . . . . Recruiters in a Slump Page 12 . . . . . . . . . Careerbuilder Page 13 . . . . . . Regional Event 4/14 Page 14 . . . . . World Wide Specialty Page 15-16 . . . . . . Joint Employment Page 17 . . . . . . . . . . Certification Page 18 . . . . . . . . . . . . All Risks

2 April 2016

Page 19 . Page 20 . Page 21 . Page 22 . Page 23 . Page 25 . Page 26 . Page 27 . Page 28 . Page 29 . Page 30 . Page 31 . Page 32 . Page 33 . Page 34 .

. . . . . . . . . . . . . . .

. . . . . . . .

. . . . Liability Concerns . Conference Registration . . . . . . . . . Outreach . . . . . . Dept of Labor . . . . . . . Membership . . . . Sponsors’ Corner . . . Sponsors' Contacts . . . . . . Charity Raffle Overcome Sales Objections . . . . . . Vendor Members . . . . . Business Financing . . . . . . . Charity Raffle . . . . Vendor Press Release . . Workers’ Compensation . . . . . . . You are invited

Staffing Now is published twelve times per year. For subscription inquiries, click here. Archived issues are available online at ncasp.com. Copyright 2016. All rights reserved.

MAY CONFERENCE PRICES

Members: Non Members: Thursday only: Friday only: Guest: See page 6

$399 $599 $119 $199 $149

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April 13 at 12 Noon Presented by Suzy Richard of CareerBuilder

5 TECHNOLOGY ROADBLOCKS HINDERING YOUR STAFFING SUCCESS Staffing firms spend a good deal of time and money building a candidate experience that will keep their talent pipelines well-stocked, but how much of that investment is hindered by technology – or lack thereof? Technology can be your greatest ally or enemy. Job seekers today expect the application process to be fast, informative, more personalized – and mobile-optimized. Furthermore, the more in-demand one’s skill set is, the less likely the job seeker will be to jump through hoops. In this presentation we explore five major barriers that can kill your candidate and client experience.

As the Southeast Regional Sales Manager in the Staffing and Recruiting Group of CareerBuilder, Suzy is responsible for developing a sales team and building strategies to help clients meet their goals. Suzy is an expert at utilizing software combined with data to help organizations efficiently recruit and retain top talent, leveraging her in-depth understanding of hiring trends and candidate behavior, to effectively increase revenue for clients. Prior

Registration or Questions

to CareerBuilder, Suzy worked in the design

Please contact Jason Perillo 704.575.9444 jason@staffccs.com

and retail industries in a strategic business capacity. She holds a bachelor’s degree from University of Kansas and serves on several philanthropic committees in her hometown of Chicago.

NCASP.com

April 2016

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Training Topics Include... • Acquire the Talent Accelerator Process, a method for increasing accuracy and speed of talent acquisition

Speaker line-up

• Hire in an Instant: Learn how to engage in On Demand Hiring, a process for filling jobs in less than an hour

• Selling Zero-to-Fill: Discover how to get customers to respond quickly and pay higher fees and rates

• How the staffing industry

has evolved over time and become a strategic business solution for clients?

• Why employment law is critical to your success?

• What two processes are the keys to staffing profitability?

• How you work with two clients?

• What are the three skills that

Keynote: SCOTT WINTRIP

Wintrip Consulting Group Scott Wintrip is the founder of the Wintrip Consulting Group, a global consultancy in St. Petersburg, Florida. His mission is to eliminate hiring delays, so companies always have the talent they need instead of empty seats. During the past three decades, Scott has helped large organizations, like AFLAC, Bank of America, Boeing, Procter & Gamble, Randstad, and the Red Cross as well as small and mid-market companies, such as Aquent, Kohl’s, MAKO Surgical, and Valpak leverage the power of their people. For five years in a row, Scott has been named to the “Staffing 100” as one of the world’s 100 most influential staffing leaders. He’s also made Recruiter Magazine’s “Top 40 Under 40,” as one of the most influential executives under 40 years old. As an author, Scott wrote Sales Yoga: A Transformational Practice for Opening Doors and Closing Deals. Each week, his articles and blog posts are featured on dozens of sites. Also, his newsletter, The Zero-to-Fill Update, is read by thousands of subscribers. Scott’s colorful background includes marrying a gorgeous middle-school teacher; parenting two adult children, just as stubborn as he is; playing the tuba in a championship drum-and-bugle corps; piloting a plane solo above a manned warship; being ordained as an interfaith minister; and landing a role in a 1980s zombie film.

guarantee success?

• Valuable information for “new hires” and refreshers for “industry veterans”

• The status of the staffing, recruiting, and workforce solutions industry by the numbers

• Overview of legislative issues • Key ASA initiatives and priorities

• Utilizing data to drive your staffing business

• Great Recruiter Training

4 April 2016

Introducing CHAD PORTER

Motivational Speaker: Chad Porter is one of the nation’s most inspirational and motivational speakers. He has been speaking for over 20 years, telling his amazing story of overcoming obstacles, perseverance, dealing with life’s challenges, creating a better community, team building, building self esteem, accomplishing your goals, and inspiring hundreds of thousands in the process. He comes highly recommended by Corporate CEO’s, Fundraising Executives, athletic teams both collegiate and professional, and Conference Event Planners all over the country. World Champion Trot Nixon of the Boston Red Sox describes Chad as “one of the best motivational and inspirational speakers I’ve ever heard.” NCASP.com


Jill White, ESQ Womble Carlyle Sandridge & Rice Jill is an experienced labor and employment litigator who represents employers in a wide range of labor and employment matters, including wage and hour claims; leave of absence issues; discrimination; trade secrets and employee non-compete cases, and whistleblower retaliation claims. Jill represents employers at both the trial level and appellate level before federal and state courts. Jill has been working with clients in the staffing and recruiting industry for several years and is well acquainted with the unique legal issues presented in this industry. Business North Carolina magazine named Jill White among North Carolina’s 2013 Legal Elite for labor & employment law – an annual listing of the state’s top lawyers. Jill practices law in Greensboro, North Carolina, at the law firm of Womble Carlyle. Suzy Richard

CareerBuilder As the Southeast Regional Sales Manager in the Staffing and Recruiting Group of CareerBuilder, Suzy is responsible for developing a sales team and building strategies to help clients meet their goals. Suzy is an expert at utilizing software combined with data to help organizations efficiently recruit and retain top talent, leveraging her in-depth understanding of hiring trends and candidate behavior, to effectively increase revenue for clients. Prior to CareerBuilder, Suzy worked in the design and retail industries in a strategic business capacity. She holds a bachelor’s degree from University of Kansas and serves on several philanthropic committees in her hometown of Chicago.

Amy Munroe

Staffing eTrainer / MTS, Inc Amy is a 29 year industry veteran and has held various positions with staffing companies from operations to sales and management. Amy has the experience of working with all size staffing companies nationwide which brings a valuable dynamic to her sessions. Amy Munroe is the founder of MTS, Inc. The mission of MTS, Inc is to help staffing companies provide greater value to their clients, decrease time to full productivity for new team members, improve employee retention, and increase staff engagement. Since inception in 1999, we have provided performance improvement sessions to tens of thousands of staffing professionals.Amy is also the COO of Staffing eTrainer, a sister company, which provides elearning to the staffing industry.

Donna Mallard

Mallard & Associates and Staffing eTrainer Donna Mallard brings twenty-nine years of experience and expertise to her consulting, coaching and training services. Her background includes leadership, management, business development, training and customer service. She provides executive coaching, organizational consulting services and tailored staff development, specifically for the staffing industry. These programs are designed to improve the performance of individuals, teams, and organizations, in order to drive long-term effectiveness and winning outcomes. She has successfully worked with clients and driven results in the areas of staffing industry processes (sales, operations and management), leadership, communications, problem solving, decision making, healthy conflict, and social and emotional intelligence.

Lesa Francis

Staffmark Lesa is president and chief executive officer of Staffmark, one of the largest staffing companies in the U.S., and a part of Recruit Holdings, one of the largest HR companies in the world. Lesa joined Staffmark in 2006 as chief operating officer. She has more than 25 years of staffing experience and has been named one of the 100 most influential people in the staffing industry. Lesa has a unique perspective on the industry having started her career as a sales representative and working her way up to one of the first female CEOs of a billion dollar staffing company. Through her role as Chairman of the American Staffing Association’s board of directors, Lesa focuses on the growth and success of the staffing industry. She is also a member of the National Workforce Solutions Advisory Board, was named one of 20 “Women to Watch” by the Cincinnati Business Journal, and was recognized by LEAD Cincinnati with their C-Suite Award. NCASP.com

April 2016

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NCASP2016

GET ON BOARD THE FAST TRAIN May 12-14, 2016

Wrightsville Beach, NC

AGENDA THURSDAY, MAY 12 10:00-12:00 Registration 11:00 Rookie Training: Donna Mallard & Amy Munroe 11:30 Owner/ Manager Luncheon & Vendor Introductions Sidney Minter: "Legal Staffing Hurdles to Avoid" 1:00 Owner/Manager Panel 3:00 Vendor Expo 3:30 Lesa Francis, ASA: “Staffing Industry Update” 5:00 Vendor Partner Reception FRIDAY, MAY 13 7:30 Registration/Coffee 8:00 Hot Buffet Breakfast 2016 NCASP Welcome & Vendor Introductions 8:45 Motivational Speaker: Chad Porter 10:00 Vendor Expo 10:30 Gemma Saluta: Legal Previews 10:45 Keynote: Scott Wintrip, “Talent Accelerator Process” 12:00 Vendor Expo 12:15 Awards Luncheon, Suzy Richard, Careerbuilder: “7 Tactics for Utilizing Data to Drive Your Staffing Business” 1:30 Vendor Expo Dessert 1:45 Breakout Speakers: Scott Wintrip Amy Munroe & Donna Mallard 3:00 Vendor Expo 3:30 Breakout Speakers: Scott Wintrip Donna Mallard & Amy Munroe 4:45 5th Annual NCASP Beach Volleyball Tournament 7:00 Open Bar Reception, Seafood Buffet, Minute to Win It, Entertainment, Raffle, Silent & Live Electronic Auctions including Fastest Growing Company Award SATURDAY, MAY 14 9:00 Breakfast, Jill White, Legal Matters, 10:00 Six Trending Table Topics’ Speakers every 15 minutes 11:15 Contest Prize Drawings & Wrap up

6 April 2016

All Aboard! Top Staffing Training PLUS: Owner/Manager Panel Rookie Training Keynote & Motivational Speakers Trending Table Topics Speaker Breakouts Legal Issues Awards Tips, Trends & Techniques Beach Volleyball Networking Entertainment Great Seafood and Open Bar Raffle & Auctions Sunshine, Sand & Surf

Get Ready!

Our 2016 NCASP Training Conference will be at the Holiday Inn Resort at Wrightsville Beach, NC on May 14-16! Registration fee for Members is $399 which covers all training sessions, meals, refreshment breaks and entertainment.

Registration

Call Janee Hill, Event Chair at 919-862-3996 or email JaneeHill@pathwayrp.com to customize a group price for your firm. For room reservations, call the Holiday Inn Resort at 910-256-2231, ask for the NCASP discount.

NCASP.com


NCASP2016

GET ON BOARD THE FAST TRAIN

May 12-14, 2016

Wrightsville Beach, NC

Submit Your Nominees! Now Accepting Entries for Fastest Growing Firm and Staffing/Recruiting Rookie of the Year Awards!

Fastest Growing Firm Award The “Fastest Growing Firm” Award is returning for its second year! This award honors the area’s most dynamic, privately held recruiting and staffing firms. You may be asking yourself, “Should I apply? Does my company qualify”? Run through the check list below to find out: • Are you a privately held organization based in North Carolina? • Has your company been in business for at least 3 full years (2013 – 2015)? • Did you close 2015 with a revenue of at least $500,000? If you answered yes to ALL of the questions, you should apply today! What other information should you know? • All applications must be entered by April 11 • You will have to provide year over year revenue growth percentages • All financials will be submitted to and independently audited by Well Fargo • All information is held in strict confidence by Wells Fargo and they are exclusively handling all correspondence regarding the nomination and verification • Finally, qualifying companies are ranked based upon a formula that takes into account: dollar growth, percentage rate of growth, and profitability over a three-year period. The only thing left to do now is Apply and make sure you are registered to attend the conference so you can be there to accept your award! Contact Janee Hill at 919-862-3996 or JaneeHill@pathwayrp.com.

Rookie of the Year Award Alert all Owners & Managers, we need your nominations for that new outstanding person in your office who has achieved strong sales figures and displayed dedication, leadership and professionalism, as well as a desire to become certified. Our Staffing/Recruiting Rookie of the Year Award confidential nominations must be sent by April 11 to Janee Hill, Event Chair at 919-862-3996 or email JaneeHill@pathwayrp.com

NCASP.com

April 2016

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Thursday Training

May 12, 2016

Wrightsville Beach, NC Thursday Rookie Training: The Staffing Nuts and Bolts with Amy Munroe & Donna Mallard PLUS: Don’t miss the popular Owner/Manager Panel to get your questions answered on how to build a successful firm and sustain solid revenue, and Lesa Francis of ASA will give a Staffing Industry Update - both going on simultaneously with the Rookie Training.

Prepare Your Training Toolbox! • How the staffing industry has evolved over time and become a strategic business solution for clients? • Why employment law is critical to your success? • What two processes are the keys to staffing profitability? • How you work with two clients? • What are the three skills that guarantee success?

Register for the Thursday Rookie Training or the Owner/Manager Session One-day, Thursday-ONLY price of $119 includes lunch and a cocktail reception. Call Janee Hill, Event Chair at 919-862-3996 or email JaneeHill@pathwayrp.com For room reservations throughout the May 12-14 event, call Holiday Inn Resort at 910-256-2231, ask for the NCASP discount.

Press Release Video & Photography Production Studio Launched in Lake Norman! 360 Visuals, Digital Media Solutions for the Recruiting & Staffing Profession

HUNTERSVILLE, NC, February 12, 2016 (WCCB Charlotte) – 360 Visuals, Inc. Creative, Innovative Digital Media Solutions for recruiting & staffing companies and budgets of all sizes. We are a hands-on working media team that can take your story and bring it to life across many mediums. Having traveled across North America serving our clients for the past 8 years, we have decided to focus on the local Charlotte market. ‘Many owners in the business don’t necessarily want to show their office in a video, this allows us to create a variety of sets (backgrounds) in a professional studio setting with Pro Lighting, Audio, etc.” says 360 Visuals, Owner Jonathan Weiner. Having served the recruiting & staffing industry for the past 16 years as a recruiting firm owner and top producing recruiter, Jonathan understands the recruiting & staffing business and the challenges owners face in terms of their online brand. Our 360 solution is the ability to work with a business and accomplish all of their digital media solutions under one

8 April 2016

umbrella: (website development, video production, headshots, website photography, social, email marketing, etc.) This allows us to create a uniform brand for our clients in one house. “We wanted to provide a comfortable studio environment where recruiting & staffing firm owners can have their professional video produced as well as their professional headshot for their website & LinkedIn,” says 360 Visuals, Executive Producer Jonathan Weiner. “Our process is extremely fluid & easy. Our clients experience a well thoughtout pre-production, fun shoot days (production) & lighting turnaround in post-production.” Contact: Jonathan Weiner 360 Visuals, Inc. 704-756-8751 jw@360visuals.co 360visuals.co

NCASP.com


2016 Charity

About JDRF Diabetes Foundation

NCASP has selected Juvenile Diabetes Research Foundation for our 2016 Charity Recipient JDRF is the leading diabetes foundation funding T1D research. JDRF’s goal is to progressively remove the impact of T1D from people’s lives until we achieve a world without T1D. JDRF collaborates with a wide spectrum of partners and is the only organization with the scientific resources, regulatory influence, and a working plan to better treat, prevent, and eventually cure T1D. NCASP.com

JDRF is currently sponsoring $530 million in scientific research in 17 countries. In 2012 alone, JDRF provided more than $110 million to T1D research. Learn more at JDRF.org.

April 2016

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Health Health Insurance Insurance & & Benefits Benefits for for Temporary Temporary Associates Associates Essential StaffCARE will give your clients confidence in your ACA compliance. Words Tatiatem omni omnihil molorporiti to dolluptur? Ur rat. Fictotatiam fuga. Tatia Offeringqui safe, fully-insured, ACA compliant Bronze level Major Medical plans with non nis experiatiam, niendam, sita dolo ipsanit, invello ressect isquam et volenimi, vellaut plam quisqui NO minimum participation requirement. consequo blaboreptis vitibus expersp eliquam quasintinite pelest renia paria sinciendem rem. ESC is the largest provider Health Insurance to the Staffing Industry. Imintemque quibus mo magniofdem si odita verumand latioEmployee ipit alisin Benefits rero iumquodi Processing over 2 million enrollment forms per year with over 750,000 temporary employees enrolling in ESC annually.

ESC Bronze

ACA Compliant Major Medical

ESC MEC

Wellness & Preventive

ESC Indemnity ACA Excepted Benefit

Craig Miller

No Minimum Enrollment/Participation Eliminates (A) & (B) Tax for Employers Employer Contribution Optional

ACA-Compliant & ERISA Qualified Eliminates (A) Tax for Employers Completely Voluntary With No Employer Contribution Required

Covers 84-95% Of Avg. EE’s Annual Medical Expenses Does Not Impact EE’s Ability To Receive ACA Subsidies Optional Vision, Dental, Life, Disability & AD&D Benefits

Award Winning Leaders in the Insurance Industry | www.EssentialStaffCARE.com

Business Development Executive craigmiller@essentialstaffcare.com (423) 664-4821 10 April 2016

NCASP.com


Recruiter Motivation ( A r t i c l e c o u r t e s y o f To p E c h e l o n R e c r u i t i n g S o l u t i o n s )

A 5-Step Plan for Breaking Out of a Recruiting Slump It doesn’t matter in which industry you work. It doesn’t matter how long you’ve been in the recruiting business. It doesn’t matter how much success you’ve enjoyed during your career. A slump can happen to YOU. Heck, it might have already happened to you multiple times during your career. You might even be going through one right now. Anybody who has endured a slump on their recruiting desk can attest to how frustrating it can be and how difficult it is to break out of it. However, there are steps you can take to emerge from the doldrums and start scoring the job orders you need to get “back in the groove.” Actually, all you need to do is generate enough activity to make one placement. Because, really . . . after you make that placement, the slump is pretty much over. Below is a five-step plan for breaking out of a slump on your recruiting desk: #1—Review past successes. This can encompass a great many things. If you’ve received thank-you notes from candidates, read those thank-you notes. If hiring managers have sent you thank-you notes and/ or emails, read those, too. If you’ve won production awards, take those out and look at them or as they hang on the wall of your office. If you keep track of your placements, review your placement history. The key is to get back in touch with the value you provide to candidates and clients and to believe in that value. Belief in the value you provide is crucial to being able to put forth the energy and effort needed to break out of your slump. #2—Call favorite clients. Don’t call asking for new job orders. Instead, call just to get their take NCASP.com

on the industry. Ask about what they’re seeing and how things are going. These are people you already know and with whom you’re comfortable. Use these calls to build up momentum. Once you’re in a rhythm, start making actual marketing calls. The momentum and confidence you’ve gained from calling favorite clients will spill over into these calls and make them more effective. #3—Listen to motivational speakers and industry trainers. Desire is one of the most important factors influencing a recruiter’s desk. A slump is often a symptom of a lack of desire—or more specifically, from being burned out. Just like you need to get back in touch with the value that you provide, you must also get back in touch with your passion for the profession. Nothing in the world happens without somebody’s desire to make it happen. You’re not going to break out of your slump unless you have the desire to do so. Listening to motivational speakers and industry trainers can help you to kindle that desire again. #4—Review your current goals and awards. Recruiters often plan their daily, weekly, and monthly activities by setting production goals. This is only one-half of the equation. You must also set rewards for reaching those goals. Sure, placement checks are a great reward in and of themselves, but nobody is going to give you a placement check for making 50 cold calls. No, you are responsible for rewarding yourself. Consequently, you must first identify the rewards that will motivate you the most, and then you must make sure that you reward yourself accordingly. The rewards may seem small, but the rewards themselves are not the focus. The focus are the long-term behaviors that result from those rewards.

#5—Market multiple MPCs. Everything in today’s hiring environment starts with candidates. Not just any candidates, though, but the right candidates. Highly qualified, superstar game-changers that hiring managers simply can’t ignore. The best way to get the attention of hiring managers is to present the top talent in the marketplace. This one ties back to #2. Once you’ve gained momentum by calling your favorite clients, you can use MPCs when making your marketing calls. They’re another great way to bridge the gap between your past successes and your future job orders and placements. You might not be in a slump right now, but you never know when one will rear its ugly head. If you do find yourself in a slump at the moment, then this article is especially applicable. Whatever the case may be, follow the five steps outlined above. Believe in your value, re-ignite your passion, and build the momentum you need to break out of your recruiting slump! (Founded in 1988 in Canton, Ohio, Top Echelon’s mission statement is to “help recruiters make more placements by continuously exceeding expectations.” Top Echelon started solely as a split placement network, but it has expanded over the years, growing with its customers and creating new products and services to meet the needs of those customers. Top Echelon helps recruiters make more placements through its four main products and services: Top Echelon Network, the leading split network of recruiters; Big Biller recruitment software for applicant tracking; Top Echelon Contracting, the recruiter’s back-office solution; and Web Design for recruitment and staffing agencies. Visit www. topechelon.com to get started today!) April 2016

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MEET THE NEW CAREERBUILDER.

We rewrote our resume, so you can do what you do best — even faster. Learn more at hiring.careerbuilder.com.

© 2016 CareerBuilder, LLC

12 April 2016

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April 27 • 5-7 PM • Greensboro, NC Join us for a beer tour, beer tasting and appetizers networking event and learn more about NCASP. Natty Greene's Pub & Brewing Co, 345 S Elm St, Greensboro, NC 27401 Contact Ashley Pohl Loftus to RSVP: 336.455.8817 or apohl@aerotek.com

NCASP.com

April 2016

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VISION..

..SEEING SOLUTIONS WHEN OTHERS CAN’T

THE STAFFING INSURANCE SOURCE

World Wide Specialty Programs, Inc. · World Wide New York Insurance Services, Inc. - CA, NH, TX

631-390-0900 · 800-245-9653 · fax 631-390-0922 · wwspi.com

14 April 2016

NCASP.com


Legal Matters Sidney O. Minter, Attor ney

Staffing Agencies and the Vertical Joint Employment Doctrine On January 20, 2016, the Wage and Hour Division of the United States Department of Labor (“DOL”) issued Administrative Interpretation No. 2016-1 (http://www.dol.gov/whd/flsa/ Joint_Employment_AI.htm) regarding joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act. Because of robust changes to the economy that have impacted employers’ hiring practices, the topic of joint employment continues to be pushed to the forefront of business and legal discussions. At the root of joint employment is the sharing of employee liability by employers. Administrative Interpretation No. 2016-1 addresses joint employment, and specifically horizontal and vertical employment. For purposes of our analysis of staffing agencies, I will only focus on vertical joint employment and its applicability and implications on the staffing industry. What is Joint Employment? Under the FLSA, an employee is “any individual employed by an employer,” and “employer” as including “any person acting directly or indirectly in the interest of an employer in relation to an employee.” The FLSA’s definition of employ includes “to suffer or permit to work,” which is considered “the broadest definition that has ever been included in any one act.” The FLSA also provides guidance for joint employment relationships and explicitly provides that a single worker may be “an employee to two or more employers at the same time.” The FLSA’s definition of joint employment was intended to broaden its scope by examining more than a potential joint employer’s control over an employee. Instead, the new economic realities test examines the economic dependence an employee has on a potential joint employer.

NCASP.com

What is Vertical Joint Employment? Vertical joint employment focuses on the relationship between an employee, an intermediary employer and a potential joint employer. For purposes of this article, think of an intermediary employer as a staffing agency and the potential joint employer as the intermediary employer’s client. In this scenario, the potential joint employer has generally contracted or arranged with the intermediary employer to provide it with labor and/or perform employment functions such as hiring, payroll, management, etc. Generally, there is an established employment relationship between the employee and the intermediate employer—so that is not usually part of any legal debate. However, the work performed by the employee is typically performed for the benefit of the potential joint employer—so that is where issues of joint employment arise.

courts have abandoned the “control” test and are now engaging in a more thorough analysis of additional factors. The “control” test analyzed the relative control a potential joint employer had to hire or fire an employee, or to modify employment conditions. Many courts are now applying the economic realities test to determine the existence of an employment relationship between a potential joint employer and an employee. This test focuses on determining whether the employee is economically dependent on the potential joint employer. The factors to be considered in the economic realities test are spelled out below. However, it is important to note that these factors should not be considered in a vacuum and serve as guidelines to resolving the ultimate inquiry whether a worker is economically dependent on the potential joint employer such that he or she becomes its employee.

When a judge analyzes whether a joint employment relationship exists, he or she must first determine whether the intermediary employer is an employee of the potential joint employer. Where there is vertical joint employment, there is likely a contract between the intermediary employer and the potential joint employer. So, if it is determined that the intermediary employer is an employee of the potential joint employer, all of the intermediary employer’s employees are employees of the potential joint employer and there is no need to conduct a vertical joint employment analysis.

1. Directing, Controlling or Super-

Economic Realities Test However, if the intermediary employer is not an employee of the potential joint employer, the vertical employment analysis should be initiated to determine employment relationships between the parties. As stated earlier, based in large part on the DOL’s instruction regarding joint employment, many

vising the Work Performed: To the extent the work performed by the employee is controlled or supervised by the potential joint employer beyond a reasonable degree of contract performance oversight, such control suggests that the employee is economically dependent on the potential joint employer. 2. Controlling Employment Conditions: To the extent the potential joint employer has the power to hire or fire the employee, modify employment conditions, or determine the rate or method of pay, such control indicates that the employee is economically dependent on the potential joint employer. 3. Permanency and Duration of Relationship: An indefinite, permanent, full-time, or long-term relationship by the employee with the potential joint employer suggests economic dependence. Continued on page 16... April 2016

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Legal Matters

(Continued from page 15)

4. Repetitive and Rote Nature

of Work: To the extent the employee’s work for the potential employer is repetitive and rote, is relatively unskilled, and/or requires little to no training, those facts indicate that the employee is economically dependent on the potential employer. 5. Integral to Business: If the employee’s work is an integral part of the potential joint employer’s business, that fact suggests that the employee is economically dependent on the potential joint employer. 6. Work Performed on the Premises: The employee’s performance of the work on premises owned or controlled by the potential employer indicates that the employee is economically dependent on the potential joint employer. 7. Performing Administrative Functions Commonly Performed by Employers: To the extent the potential employer performs administrative functions for the employee,

16 April 2016

such as handling payroll, providing workers’ compensation insurance, providing necessary facilities and safety equipment, or providing tools and materials required for the work, those facts suggest economic dependence by the employee on the potential employer. If after going through these factors, a court determines that a joint employment relationship exists between the employers; both the intermediary employer and the potential joint employer could be jointly and severally liable for compliance with FLSA requirements, such as minimum wage and overtime. This could also have a large impact on FMLA and Wage & Hour claims. For instance, if a court determines that a joint employment relationship exists, an employer could bear the responsibility for providing FMLA benefits to an employee when— absent a finding of joint employment— it would not bear the responsibility because it did not qualify as a covered employer under the FMLA.

Takeaways for Intermediary Employers Administrative Interpretation No. 20161 is just that—an interpretation. It does not mean every court will apply the seven factors listed above. However, it provides some evidence that the DOL is scrutinizing these relationships and is applying joint employment principles broadly. So, staffing agencies and their clients should examine the relationship between the employee and the potential joint employer very carefully. They should focus great attention on the level of economic dependence an employee has on a potential joint employer. The topic of joint employment directly impacts many of my clients, so I will follow the DOL’s recent movement very closely and provide updates and/or additional legal analysis as necessary. Sidney Minter, Esq. 336.403.4006 sominter4@gmail.com

NCASP.com


Certification READY TO GET CERTIFIED?

Go to NAPS.com to order study materials and register for the online exam. Contact Holly Holbrook, Director of Certification 336.288.9330 or hholbrook@grahamjobs.com

The 7,500+ industry professionals who have been certified by the American Staffing Association could give you thousands of reasons why being ASA-certified is so important. Instead, ASA invites you to watch this brief video, featuring ASA-certified professionals who succinctly communicate the importance and value of earning an ASA credential. Make 2016 the year you stand out professionally and earn your certification from the American Staffing Association. Questions? Contact Arika Norwood, ASA coordinator of education and certification, at 703-253-2057. NCASP.com

April 2016

17


Staffing Package Insurance Program Experience and Independence make a Winning Combination All Risks has collaborated with an A.M. Best “A” Rated market with over 40 years of experience providing coverage to the staffing services industry. Coverage Available for the following Staffing Service Risks: • Temporary Staffing Firms • Administrative Services Organization (ASO) • Human Resource Consulting Service • Direct Hire, Personnel Placement Services and Consulting • Professional Employer Organization (PEO) • Vendor Management Service (VMS) • New Ventures accepted (start ups with under three years experience will be considered)

Staffing Services Coverage Options:

• General Liability • Professional Liability • Employment Practices Liability • Hired & Non-Owned Auto Liability • Employee Benefits Liability • Stop - Gap Liability • Umbrella/Excess Liability limits up to $10 Million (higher limits may be available) • Crime • Property • Commercial Auto • Workers’ Compensation

Program Features:

• Abuse & Molestation Liability Coverage • Blanket Additional Insured endorsements available • Blanket Waiver of Subrogation • Blanket Primary & Non-Contributory Additional Insured endorsement available • Care, Custody & Control Carveback • Policies are not Audited • Umbrella includes Professional Liability Coverage • Client Specific higher limits available • Worldwide coverage

We work only with insurance agents and brokers! Please have your agent call us today or forward your current agent’s information.

Lou Georgalas, Sr. Producer/Underwriter Phone: 877-232-3348, Ext. 4132 Cell: 516-493-5986 Email: lgeorgalas@allrisks.com Gus Kontogianis, Sr. Producer/Underwriter Phone: 877-232-3348, Ext. 4131 Cell: 516-497-5795 Email: gkontogian@allrisks.com

18 April 2016

900 Stewart Avenue Garden City, NY 11530 www.allrisks.com All Risks of California Insurance Services, Ltd. CA License #0B84526

NCASP.com


Staffing Liabilities B y K e r r i Q u i g l e y, A s s u r a n c e

10 Standard Liability Concerns for Staffing Firms For many staffing firms – particularly those making placements outside of the white collar or professional space – when reviewing their property & casualty insurance programs, focus is often placed on workers’ compensation coverage. This can be attributed to the scale of premium in comparison with coverages such as general liability and auto liability. And while incidences of liability claims may be far less common than workers’ compensation, the costs associated with an individual claim can be substantial, highlighting the need for coverage that’s comprehensive and broad. Also, because of the relative lack of frequency of liability claims, coverage gaps and exclusions may not be evident until a claim actually occurs.

Professional Liability

• Coverage provided only for errors or omissions made

in the placement of employees, but not for the firm’s vicarious liability for errors or omissions made by the employees once they’ve been placed. If vicarious liability coverage is provided, exclusions may still exist for placements made under specific professions, such as accountants, IT or medical professionals.

Employment Practices Liability

• Coverage provided only for suits made by internal cor-

porate employees and not for suits made by temporary employees. No coverage provided to defend or pay damages on behalf of a staffing firm’s client when sued by a temporary employee, regardless of whether the firm has agreed to provide the coverage contractually.

Due to the unique nature of the staffing industry, standard liability policies need to be modified to correctly insure the most common exposures faced by staffing firms. In fact, only a handful of carriers provide adequate coverage for staffing firms through programs specifically tailored to meet the needs of the industry. As a result, many firms may believe they’re appropriately insured, but unknowingly may be missing critical coverages.

Some common concerns to be aware of are listed below:

• If coverage is provided for client property, coverage can

Crime

• Lack of coverage for theft of client’s property by temporary employees.

General Liability

• Misclassification as an “employment agency,” which is

• •

applicable to firms making permanent placements, but not those making temporary placements. Bodily injury and property damage claims arising out of the actions of temporary employees may then be excluded from coverage. Exclusions of coverage for personal and advertising injury, which typically is excluded by default when erroneously classified as an employment agency. Standard exclusion of coverage for damage to property in your (or your employee’s) care, custody or control, such as damage to a forklift being operated by an employee.

Automobile Liability

• Lack of coverage for claims that arise from an employee driving a client’s vehicle.

NCASP.com

be restricted to not extend to property of third parties held by a client or property held outside of the client’s premises, such as property in transit.

ABOUT THE AUTHOR Kerri Quigley is a Vice President who specializes in the staffing industry. With over 10 years of insurance experience, Kerri has solidified her expertise in providing in-depth coverage analysis, including the reconstruction of staffing industry products with Philadelphia, AIG, CNA and Hanover Insurance. Her extensive knowledge of the industry is further augmented through various speaking and teaching opportunities. Kerri earned a Bachelor of Arts degree in Computer Science from the University of California, San Diego. She is a member of the American Staffing Association and New Jersey Staffing Alliance. Kerri also obtained a number of insurance designations, including Chartered Property Casualty Underwriter (CPCU), Associate in Risk Management (ARM) and Associate in Commercial Underwriting (AU), among others. *This article was originally published on Assurance’s Blog. Read more at AssuranceAgency.com April 2016

19


Outreach By Jason Per illo, Director of Education

Join us for one of our upcoming Webinars! April 13: Suzy Richard of CareerBuilder: 5 Technology Roadblocks Hindering Your Staffing Success Contact Jason Perillo, Director of Education, at 704.575.9444 or jason@staffccs.com, or visit NCASP.com April 27: After Hours Regional Event at Natty Greene's Pub & Brewing Co in Greensboro, NC (see page 13). Contact Ashley Pohl Loftus to register at 336.455.8817 or apohl@aerotek.com

REGIONAL EVENTS Let us hear from you on what topics you would like offered in your area! Contact Ashley Pohl Loftus at apohl@aerotek.com.

ilf

nationwide.

PROUD MEMBER OF NCASP.

ASSURANCESTAFFING.COM

Insuring over 500 staffing clients Mike Atieh | 847.463.7207 | matieh@assuranceagency.com Scott Ravanesi | 847.463.7166 | sravanesi@assuranceagency.com

20 April 2016

NCASP.com


Conference Registration How to Register for the Fast Train to Success Take advantage of the DISCOUNTED PRICE OF $349! This great offer now available only through April 15. Don’t delay! (Regular Registration fee is now $399!) Call Janee Hill, Event Chair at 919-862-3996 or email JaneeHill@pathwayrp.com to customize a group price for your firm. For room reservations, call Holiday Inn Resort at 910-256-2231, ask for the NCASP Group Rate. See page 6 for more details!

NCASP BOD MEETINGS 10:00am teleconference unless otherwise specified • April 14, 2016 • May 11, 2016 Board Dinner at 6:00pm • June 9, 2016 • July 14, 2016 CALLING NEW BOARD MEMBERS!

Anyone who has interest in serving on the Board of Directors, please contact Janee Hill, CPC, CTS 919.862.3996 JaneeHill@pathwayrp.com

NCASP.com

April 2016

21


Legal Matters B y J i l l W h i t e , Wo m b l e C a r l y l e S a n d r i d g e & R i c e , L L P

The Department of Labor’s Take On “Joint Employment” On January 20, 2016, the DOL issued an Administrative Interpretation elaborating on the concept of “joint employment” for purposes of the FLSA. Joint employment occurs when two separate businesses are treated as the “employer” of a group of employees, and both businesses are liable for complying with applicable employment laws. The DOL recognizes that joint employment is becoming more common, with businesses either sharing employees or using third-party companies (staffing agencies) to provide labor. The January 20th Administrative Interpretation creates two categories for analyzing joint employment: “Horizontal” and “Vertical” joint employment. Horizontal joint employment occurs when the two companies are so intermingled that both are treated as the employer. The focus is on the relationship between the two companies. For example, two separate entities may be treated as the joint employer of a group of employees if they share common ownership and common management (overlap of officers or executives). The DOL also considers whether the two companies share control over

operations (hiring, firing or payroll), intermingle their operations, share supervisory authority over employees, share a pool of employees, or share clients. Vertical joint employment occurs where the employee has a relationship with one employer but is economically dependent on another company. The focus is on the relationship between the individual employee and the potential joint employer. Typically the individual’s established employer has contracted with the potential joint employer to provide it with labor and/or to perform certain functions such as hiring and payroll. When determining whether Vertical joint employment exists, the DOL does not focus exclusively on control (it is not a control test) but looks at the following seven factors:

1. Directing, controlling, or

supervising of the work performed

2. Controlling employment

conditions (power to hire, fire, or determine pay rate)

3. Permanency and duration of relationship

training)

5. The work is an integral part of the business

6. The work is performed on the premises

7. Performing administrative

functions for the employee (payroll; insurance; safety equipment; tools; housing)

Staffing agencies, and the relationship they have with their clients, are identified by the DOL as an example of Vertical joint employment. So what does all of this mean for you and your clients? As a practical matter, more businesses will be identified as a joint employer and will be liable for complying with the requirements of the FLSA. Clients of staffing agencies may need to consider complying with the FLSA’s recordkeeping requirements which include maintenance of hours worked, wages, and personnel information for each temporary worker assigned to its job site. Do not be surprised if your clients begin to ask you for assistance in acquiring this information. This interpretation of joint employment only applies to the laws governed by the DOL. It is not intended to provide guidance on “joint employment” as that term is defined under other federal employment laws, including Title VII of the Civil Rights Act of 1967, the National Labor Relations Act (NLRA), or the Family Medical Leave Act (FMLA).

4. The work is repetitive and rote, and unskilled (requires little

Avoid Compliance Pitfalls

For more information on this subject please contact Jill White at (336) 574-8095. JILL WHITE Jill.White@wcsr.com | 336.574.8095

WCSR.COM WOMBLE CARLYLE SANDRIDGE & RICE, LLP

22 April 2016

1214_8531

CA | DC | DE | GA | MD | NC | SC | VA

©2014

NCASP.com


Membership B y L a u r e n S t o r y, C V S t a f f i n g

Why Join NCASP? The successful start of a recruiting agency involves a solid business plan, a background in recruitment strategies, knowledge of laws about licensing, hiring and taxes, and a marketing plan for gaining clients. Why not form a strategy from a local perspective by creating strategic partnerships with other staffing firms who can share their experience in the market? NCASP encourages sharing resources amongst one another

Welcome New Members! Tom Gibson of DecisionPath 8720 Red Oak Boulevard, Suite 300 Charlotte, NC 28217 704-624-8100, tgibson@ decisionpathhr.com

which provides greater leverage in the marketplace! Education: NCASP offers regular educational opportunities to our members. We strive for a minimum of 8 webinars annually, covering topics such as legal issues, sales training, and recruiting strategies. This is in addition to our outstanding Conference each Spring.

Outreach: NCASP focuses on outreach to professionals in North Carolina. This includes candidates, clients, potential employees, and legislators. NCASP wants to stay ahead of the curve and make sure we have the ability to influence where appropriate. To join NCASP, please contact Lauren Story at 828.624.9104 or lauren@cvstaffing.com or visit ncasp.com.

WHAT IS THE COST OF A BAD HIRING DECISION? The cost of a workers’ compensation claim goes beyond medical and claim costs. If a workplace injury occurs, your organization’s Experience Modification Rate (EMR) is negatively impacted, affecting your workers’ compensation premium for the next three years.

Glynda Mealer of DataStaff 7721 Six Forks Road, Suite 120 Raleigh, NC 27615 919-874-0009 x 113, gmealer@ datastaffnc.com Randy Perkins of Prime Personnel Resources 2640 Ramada Road Burlington, NC 27215 336-226-5100, randy@ primepersonnelresources.com Stephen Provost of Prestige Scientific 414 Chestnut Street, Suite 303 Wilmington, NC 28401 508-422-6343, sprovost@ prestigescientific.com

NCASP.com

One way to control workers’ compensation costs is to hire appropriate candidates with the use of Post-offer Medical Questionnaires.

Spruill Alexander, VP Workers Compensation & Benefits for The Staffing Industry Phone: 252-­‐714-­‐8671 salexander@towneinsurance.com

April 2016

23


TIME IS MONEY,

SO WE’LL MAKE IT

QUICK. FIND QUALITY CANIDATES, FAST! 12

3

9

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Monster can help you get the right candidates in front of your clients. Fast. Recruit talent by location, industry, specific skills and other criteria. Raise your response rate with automated, customizable

emails. Boost your social media presence with Monster’s social recruiting solutions…and more. Monster’s simple, affordable recruitment solutions can reduce your time to fill, attract hard to find candidates, and help you broaden your reach… in practically no time at all.

To learn more, visit: hiring.monster.com/solutions/staffing.aspx

TogeTher, We heLP LoWer YoUr WorKerS CoMPeNSATIoN rISKS. Locating a trusted resource for risk management guidance can be risky, particularly when your business is in a highly-regulated, specialized industry. Fortunately, the Marsh & McLennan Agency [MMA] and its regional partner agencies have joined forces to build a customized industry-specific risk management program for your overall commercial insurance plan. Together, MMA and your local agency can provide more resources to help mitigate risk and reduce your long-term insurance expenses so your business soars high. Together, we can move forward. To learn more about how MMA and its regional partner agencies can help you side-step risky situations, visit SennDunn.com.

WorLD CLASS. LoCAL ToUCh. riSk management

employee benefitS

Surety bonDing

private client

Charlotte • Greensboro • High Point • Raleigh • Wilmington | SennDunn.com Copyright © 2015 Marsh & McLennan Company. All rights reserved.

24 April 2016

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Sponsors’ Corner b y M a r y M a l l e t t , C P C , mary@searchpro.com and #704-241-2996

April Greetings to All We welcome many of our loyal Sponsors back to NCASP as well as introducing some new folks offering new products and services this season. If you have not renewed your sponsorship yet, please do so by March 21 in order to secure your exhibit booth space as well as promotions in the April Ezine and Conference Booklet with high resolution ads, logos and headshots.We appreciate your continuing participation and support of NCASP. It is going to be a great year of building new relationships and learning new tips, trends, and techniques. Please call me with any last minute Electronics for the Live Auction or Silent Auction items if you have not done so by April 1st, all benefitting our 2016 Charity, Juvenile Diabetes Research Foundation. Welcome back Sterling National Bank, COATS, Monster and Senn Dunn! Also, our sponsor TFI has been recently acquired by People 2.0. We wish them well! Special thanks go out to Meg Alexander of Monster for the 2016 Tote Bags and Lanyards and Spruill Alexander of The Clement Companies for the 2016 Volleyball tee shirts. Thank you!!

Sidney Minter

Thursday, May 12 Luncheon Speaker on “Legal Staffing Hurdles to Avoid”

Gemma Saluta

will be our Legal Briefs Speaker on Friday, May 13 as well as one of our Table Topics’ Speakers on Legal Advice on Saturday, May 14.

Brent Patterson will be one of our 2016 Table Topics’ Speakers on Background Checks and Drug Testing on Saturday, May 14. See page 6 for registration details!

THANK YOU TO OUR 2016 SPONSORS

NCASP.com

April 2016

25


2016 VENDOR MEMBERSHIPS PLATINUM KEY SPONSOR

Alan Gilbert at Essential StaffCARE Specializing in the development of voluntary, payroll deducted insurance products designed for Staffing Industry employees. 864.527.0474 alangilbert@iagbenefits.com SILVER LEVEL SPONSORS Robert Thompson at World Wide Specialty Programs Staffing Insurance Resource 800.245.9653 x 112 rthompson@wwspi.com

Suzy Richard at CareerBuilder Internet Career Site and Job Boards 773.527.2975 Suzy.Richard@Careerbuilder.com

Spruill Alexander at The Clement Companies A Towne Insurance Agency 252.756.8300 ext. 204 salexander@towneinsurance.com

Gus Kontogianis at All Risks Comprehensive Insurance tailored for the Staffing Industry 516.497.5795 Gkontogian@allrisks.com

BRONZE LEVEL SPONSORS Jennifer Milak, at Teague Campbell Dennis & Gorham Our attorneys are on top of things 919.873.0166 jmilak@teaguecampbell.com

Jennifer Porter at NSM, Staffing Lines Offering Staffing Insurance Solutions 844.291.5648 x202 JLPorter@nsminc.com

Mark Demaree at Top Echelon Helping Recruiters Make More Placements 330.455.1433 mdemaree@topechelon.com

Scott Ravanesi at Assurance Staffing Insurance and Risk Management Brokers 847.463.7166 sravanesi@assuranceagency.com

Karen Conner at COATS Sql. Fully Integrated Staffing Software 800.888.5894 kconnor@coatsql.com

Jill White at Womble Carlyle Sandridge & Rice Attorney at Law/Employment Issues 336.574.8095, 803.316.5791 Jill.White@wcsr.com

Brett McIntyre at Crimcheck Providing background checks for the Staffing industry 877-992-4325 bmcintyre@crimcheck.com STANDARD BOOTH SPONSORS Matt Gallagher at Avionte Front and Back Office Staffing Software 770.852.2536 matt.gallagher@Avionte.com

George Mavrantzas at Global Cash Card Systems + Service = The Formula for Paycard Success 904.993.0469 gmavrantzas@globalcashcard.com

Judy Collins at TFI Resources, A Division of People 2.0 The Independent Recruiters Resources for Temporary and Contract Placements 713.975.7576 Judy@TFIresources.com

Brent Patterson at Priority Background Solutions, Inc. Search their past, Protect your future 704.798.0261 brentpatterson@prioritybackgroundsolutions.com

Nick Andriacchi at Sterling National Bank Financial Products and Aggressive Pricing Models 312.621.1110, x241 nandriacchi@snb.com

Rich Petersen at TempWorks Integrated Payroll Processing & Funding Staffing Software 770.237.0065 richp@tempworks.com

Cassie Watkins at Wells Fargo Insurance Liability & Workers Comp Insurance 704.556.2569 cassie.watkins@wellsfargo.com

Sarah Doggett Evenson at Senn Dunn Insurance Business Insurance 336.346.1375 sevenson@senndunn.com

PREMIER MEMBER Jeff Lyons at Liquid Capital Corp. Liquid Capital Business Funding 919.651.3500 jlyons@liquidcapitalcorp.com

PARTNER MEMBERSHIP Meg Alexander at Monster.com Job Board & Recruitment Software 978.930.1083 Meg.Alexander@monster.com

26 April 2016

ASSOCIATE MEMBERS Sabina Smits at AGR Financial, LLC A Great Resource for the Staffing Industry 305.255.8181 ssmits@agrfinancial.com Dave Cormell at The Staffing Super Store A New Generation of Staffing Support 636.262.8124 dcormell@thestaffingsuperstore.com Derrick Killian at Synergy Your Workers’ Compensation Staffing Specialist 704.927.7028, dkillian@synergyinsurance.net

NCASP.com


Charity Raffle

          

Don’t miss your chance to win the 50/50 Cash Raffle at the 2016 Training Event!

March Membership Special Sign up now for 2016 at half price of our membership dues!$199 for Individuals, $299 for Corporations

 

     

*Your Membership is half price if you refer a New Member! ($99 for Individuals, $149 for Corporations)  Contact Lauren Story, CPC, CTS  Director of Membership 828.624.9104, lauren@cv-staffing.com 

  Wells Fargo Insurance Services

Providing staffing companies with flexible and cost effective insurance solutions By taking the time to understand your company, we can provide you with a level of insurance protection designed to mitigate your particular risks. Wells Fargo Insurance Services USA, Inc. Scott L. Cox, CPCU, CIC Cassie Watkins, CPCU, CIC, ARM Vice President 704-556-2569 704-556-2594 cassie.watkins@wellsfargo.com scott.cox@wellsfargo.com wellsfargo.com/wfis © 2011 Wells Fargo Insurance Services. All rights reserved.

Team up with us today.

NCASP.com

April 2016

27


6 STRATEGIES FOR OVERCOMING STAFFING SALES OBJECTIONS By Avionté Staffing Software

Surprisingly enough, there are still organizations that don’t see the value in staffing or know how to use it to their best advantage. Educate them well on the benefits that staffing can offer and you are likely to have a partner for life. Consider these strategies to overcome or prevent reluctance to working with a staffing and recruiting agency. Understanding Your Audience. Who are you speaking to? Hiring managers? HR? C-level executives? They each have different priorities and you’ll need to take a different approach with each. Generally speaking, hiring managers worry about getting things done. HR cares about compliance and executives are focused on the bottom line. Consider what objections may arise from those concerns and prepare to address them. Anticipate Their Needs. Dig into the websites of your target companies to see what they are working on now and what may be planned. Set up a Google alert for your top prospects to be notified of new developments and offer solutions for any road bumps they are likely to encounter. Expansion in the works? You can quickly deploy the staff they need. Taking on a highly technical project? You have the know-how to deliver highly qualified talent. Marry Sales and Marketing. Marketing and sales should work closely together to develop strategies that grow, making it easier for you to close sales. Marketing can pave the way by letting prospects know what your staffing firm has to offer, what problems you solve and what differentiates you from the competition. Be Realistic About Timelines. Staffing is not a one-call close. Be prepared to spend months or even years winning over a new client. Developing relationships takes time, but the payoff can be huge. Don’t hesitate to take on any request you can successfully fulfill. By the same token, don’t jump as opportunities too far outside your area of expertise to handle well. Offer Social Proof. You have no stronger resource than the word of your clients’ peers. Ask current clients for testimonials or draft case studies around your success stories. But be selective about the ones you used. Choose the ones that apply to their specific industry or challenges, don’t just bombard prospects with irrelevant reviews. Become a True Resource. Position yourself as a thought leader who really knows the industry. Potential clients should think of you as an expert and a problem solver so they will come to you first when they are ready to buy. Blog, participate in social media or volunteer your services as a speaker. If you are so inclined and have the ability, write a book or create informative videos.

Looking for staffing software solutions that will automate your administrative tasks so you can focus on building relationships and driving revenue? Avionté can help. To learn more about the benefits of using Avionté Software for your business, contact us today.

28 April 2016

NCASP.com


Vendor Members Premier Member:

Jeff Lyons at Liquid Capital Corp. Liquid Capital Business Funding 919.651.3500 jlyons@liquidcapitalcorp.com

Congrats to our 2015 winners... We can’t wait to announce our 2016 Awards!! Have you nominated anyone yet?

Associate Vendor Members:

Sabina Smits at AGR Financial, LLC A Great Resource for the Staffing Industry 305.255.8181 ssmits@agrfinancial.com

George Mavrantzas Director of Special Projects 904-993-0469 gmavrantzas@globalcashcard.com www.globalcashcard.com

ATTENTION

Independent Recruiters

• Employer of record • Payroll funding • Back office services

The Independent Recruiter’s Resource for Temporary and Contract Placements® TFI Resources / 1616 S. Voss, Suite 700 / Houston, TX 77057 / 800.701.4014 / 713.975.7576

www.TFIresources.com

NCASP.com

Dave Cormell at The Staffing Super Store A New Generation of Staffing Support 636-262-8124 dcormell@thestaffingsuperstore.com

Derrick Killian at Synergy Your Workers’ Compensation Staffing Specialist 704-927-7028 dkillian@synergyinsurance.net

April 2016

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Vendor Feature By Nick Andr iacchi, Sterling National Bank

Finding the Right Type of Financing for Your Business As a small-business owner, it’s important to understand the variety of lending solutions available to you beyond the traditional bank loan. For example, a specialty lending solution like equipment finance can be used to purchase computers, monitors, and printers for your office and it may allow you to receive better terms than a traditional loan because the lender factors in the increased productivity that results from upgraded equipment into the probability the loan will be repaid. Lenders like Sterling National Bank offer a wide range of these types of nontraditional specialty finance solutions.

variable costs and leverage the economies of scale of an outsourced solution. This results in a lower overall processing cost and a leaner, meaner operation. Don’t be discouraged if a traditional loan is out of your reach. There are a variety of financing options for you to consider. Sterling National Bank has decades of experience in specialty finance, and we can help you determine the solution that’s right for your business.

Financing usually falls into two categories: equity and debt. In equity financing, private equity firms supply financing for a share in the business itself and seats on the board of directors. In some cases, owners relinquish control of their businesses. Debt financing, on the other hand, involves scheduled repayment of the loan with interest. A popular form of debt-based lending for the staffing industry is payroll financing. Payroll financing is specifically structured to meet the needs of the staffing industry. Lenders that provide this type of financing have staffing industry expertise, and they understand typical payment terms within different markets, since not all staffing invoices are paid within the same timeframe. Some industries pay invoicing quickly while others pay much more slowly, such as in the medical space. More importantly, these lenders understand that a staffing business can grow very quickly, and they are committed to providing the funds needed to fuel that growth.

We have the solutions you need to help your staffing firm succeed. ! Payroll Funding and Processing ! Invoicing, Payroll Tax Administration

and Custom Reporting ! Industry Leading Staffing and

Payroll Software ! Government and Diversity

Program Support

Applying for payroll financing is easy. It typically requires only a short application form and personal and/or business financial information. Generally, no equity is forfeited in exchange for financing.

! Traditional Lines of Credit

Contact us and see what Sterling can do for you! Nick Andriacchi Vice President Payroll Finance (800) 232.6426 ext. 241 payroll.snb.com

Payroll finance lenders may also offer ancillary services – such as payroll processing, tax filing, invoicing, and software – that allows staffing companies to focus on what they do best: recruiting candidates, and selling and retaining clients. A staffing company can swap fixed for

© 2016 Sterling National Bank

REGIONAL EVENTS Let us hear from you on what topics you would like offered in your area! Contact Ashley Pohl Loftus at apohl@aerotek.com 30 April 2016

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NCASP.com

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Vendor Press Release David Kersey Recognized for Success in Top Echelon Network BREVARD, N.C.—Recruiter David Kersey of Kersey & Associates, Inc. has achieved quite a lot during his more than 35 years in the profession, and he was recognized recently for his accomplishments within Top Echelon Network. Top Echelon Network is the leading split placement network of recruiters. On March 6, Kersey celebrated his 24th year as a member of the Network. On February 8, Top Echelon published the “Top 25 Recruiters in the History of Top Echelon,” and Kersey was included on that list. As of the publication date of that blog post, he was ranked #22 with a total of 109 placements. Less than 40 recruiters in the 28-year history of Top Echelon Network have made 100 or more placements. Kersey has been a consistent producer throughout his tenure in the Network. “David Kersey is a consummate Network member,” said Top Echelon President Mark Demaree. “He believes in the value of split placements, he makes an effort to network with other recruiters, he provides an excellent trading partner experience, and he’s been a proven businessman for years. We fully appreciate the commitment that David has made to the Network, and we also appreciate his high standard of professionalism. It’s a pleasure to congratulate him on his many achievements, both in our network and also during his recruiting career.” Kersey & Associates specializes in placing candidates in the financial and manufacturing areas, from entry-level programmers to the CIO suite. During his tenure in Top Echelon Network, he has made split placements with scores of other members. Kersey has enjoyed success in the Network for many reasons, but he has stood out from other recruiters because of his willingness to do the following things:

• Attend networking events like conferences and conventions • Praise trading partners publicly for their help and assistance during deals • Continuously seek out new trading partners Kersey & Associates, Inc. is located in Brevard, North Carolina, and Kersey has been very active in the state during his professional career. He graduated with a Bachelor of Science Degree in Engineering from North Carolina State University before earning his Masters in Business Administration Degree from Harvard. In addition, Kersey is currently a member of the North Carolina Association of Staffing Professionals (NCASP), as well as a former member of the South Carolina Association of Personnel Services (SCAPS). Top Echelon Network, based in Canton, Ohio, is a split placement network consisting of 480 recruiting agencies throughout the United States and Canada. Top Echelon is also a proud sponsor of the 2016 NCASP Conference in Wrightsville Beach. For more information, visit www.topechelon.com.

Brett McIntyre at Crimcheck Providing background checks for the Staffing industry 877-992-4325 bmcintyre@crimcheck.com

32 April 2016

NCASP.com


white paper Workers’ Compensation Dethroned for Staffing Organizations Since the introduction of the Affordable Care Act (ACA) many staffing companies have become singularly focused on trying to understand the Act and comply with its many complexities – the most recent top-of-mind challenge is how to track and report eligibility and participation. The ACA has caused many executives to lose focus on their core business – securing new clients, enhancing relationships with existing clients, recruiting a talented workforce to fill open positions, developing internal staff, expanding into new regions and managing controllable costs. Despite the enormous amount of energy channeled toward the ACA over the past few years, workers’ compensation remains the single largest controllable expense for most staffing organizations. Accordingly, workers’ compensation should retake its throne within your organization. As your organization begins to refocus its primary energies back on workers’ compensation, here are some main considerations to keep in mind: »

Consider overhauling both your client and employee selection protocols. It’s often said that organizations don’t have workers’ compensation issues until they hire them.

»

Understand your claim cost drivers (e.g. nurse triage call center, allocated loss adjustment expenses, nurse case management strategy, medical management fees, self-administration philosophy, settlement strategy, etc.) and manage toward best outcomes.

»

Advance your workers’ compensation program structure (e.g. guaranteed cost, retrospective, deductible, captive, self-insurance, etc.). For a variety of reasons, a program structure that made sense five years ago may not be relevant for your organization today.

»

Negotiate sun-set provisions upfront. It’s nearly impossible to negotiate the various separation terms after you give notice of your intent to move your program.

»

Don’t underestimate the value of cash. Cash is king. Even in today’s relatively low interest rate environment, it’s very impactful to hold cash, rather than parting with some to over-fund premium payments via unfavorable payment terms and/or cashed-backed letters of credit (LOC).

»

Explore the many forms of collateral options (pay-go cash-backed, depleting cash, LOC, surety bond, deferred security, etc.) relative to loss sensitive programs. Understand the financial implications of each, as well as the runout terms and conditions.

»

Know the insurance kingdom (a.k.a. carrier marketplace). It’s robust and expanding. There are several carriers that have recently entered the staffing marketplace and some known staffing underwriters are expanding their footprint. Indeed, 2016 may be the beginning of a softer market cycle.

For many staffing organizations workers’ compensation is the #1 controllable cost and often the difference between operating profitability and loss. As such, workers’ compensation should always keep its crown. WRITTEN BY: SCOTT RAVANESI Scott Ravanesi is a Risk Management Consultant who focuses on the staffing industry. He provides clients with long-term risk management strategies that support a healthy company culture and deliver measurable results. Scott’s prompt response time, ethical approach and willingness to go the extra mile helps staffing agencies minimize risk and maximize the health of their organization. Scott earned his Bachelor of Science degree in Business Marketing/Management and completed a one year federated insurance program at Southern Illinois University in Carbondale.

sravanesi@assuranceagency.com | 847.463.7166 | assurancestaffing.com NCASP.com

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We have saved a seat for you!

Register Today!

May 12-14, 2016

Wrightsville Beach, NC It’s hard to believe but we are only a few weeks away from our Spring Training Conference We can’t wait to help you Train Your Brain to Accelerate Your Success THURSDAY, MAY 12 10-12 Registration 11:00 Rookie Training, Donna Mallard & Amy Munroe 11:30 Owner/ Manager Luncheon & Vendor Introductions, Sidney Minter, Legal Speaker “Legal Staffing Hurdles to Avoid” 1:00 O/M Panel 3:00 Vendor Expo 3:30 “Staffing Industry ASA Update” Lesa Francis, 5:00 Vendor Reception

FRIDAY, MAY 13 7:30 Registration/Coffee 8:00 Breakfast, 2016 NCASP Welcome & Vendor Introductions 8:45 Chad Porter, Motivational 10:00 Vendor Expo 10:30 Gemma Saluta, Legal 10:45 Keynote: Scott Wintrip 12:00 Vendor Expo 12:15 Awards Luncheon, Suzy Richard, Careerbuilder 1:30 Vendor Expo Dessert 1:45 Scott Wintrip, Amy Munroe & Donna Mallard 3:00 Vendor Expo 3:30 Breakout Speakers: Scott Wintrip Donna Mallard & Amy Munroe 4:45 6th Annual NCASP Beach Volleyball Tournament 7:00 Open Bar Reception, Seafood Buffet, Entertainment, Raffle, Minute to Win to It, Silent & Live Electronic Auctions including Fastest Growing Company Award

Register online at www.NCASP.com 34 April 2016

SATURDAY, MAY 14 9:00 Breakfast, Jill White, Legal Matters 10:00 Six Trending Table Topics’ Speakers every 15 minutes 11:15 Contest Prize Drawings & Wrap up

KEYNOTE: SCOTT WINTRIP PLUS: Owner/Manager Panel Rookie Training • Table Topics Speaker Breakouts • Legal Matters Awards • Beach Volleyball Networking • Minute-to-Win-It How to Register for the Fast Train to Success Take advantage of the discounted price of $349! This great offer now available only through April 15. Don’t delay! (Regular Registration fee is now $399.) Call Janee Hill, Event Chair at 919-862-3996 or email JaneeHill@ pathwayrp.com to customize a group price for your firm. For room reservations, call Holiday Inn Resort at 910-256-2231, ask for the NCASP discount.

Contact Mary Mallett via email to be added to our mailing list! mary@searchpro.com

NCASP.com


2016 NCASP BOARD OF DIRECTORS Janee Hill, CPC, CTS President 2016 Conference Co-Chair 919.862.3996 JaneeHill@pathwayrp.com

Rita Bottoms Communications Director 336.970.5206 rbottoms@theresource.com www.theresource.com

Jill White, Esq. Legal Advisor Non-Voting 336.574.8095 Jill.White@wcsr.com wcsr.com

Jason Perillo Treasurer 2016 Conference Co-Chair Director of Education 704.575.9444 jason@staffccs.com staffccs.com

Lauren Story, CPC, CTS Director of Membership 828.624.9104 lauren@cv-staffing.com cv-staffing.com

Sidney Minter, Esq. Director at Large, Non-Voting 336.403.4006 sominter4@gmail.com

Ashley Pohl Loftus Secretary Director of Regional Events 336.455.8817 apohl@aerotek.com

Holly Holbrook Director of Certification 336.288.9330 hholbrook@grahamjobs.com grahamjobs.com

Cassie Watkins, CPCU, CIC, ARM Director, Southern Region, Non-Voting 704.556.2569 cassie.watkins@wellsfargo. com wellsfargo.com

$50 savings!

See page 6 for details!

$50 savings!

Take advantage of the DISCOUNTED PRICE OF $349! This great offer now available through April 15. Don’t delay! Be sure to mention this coupon! (Regular Registration fee is now $399!) Call Janee at 919-862-3996 and say you saw it in the April Ezine!

THE CLEAR CHOICE FOR TEMP STAFFING INSURANCE

Spruill Alexander Director at Large, Non-Voting 252.756.8300 salexander@towneinsurance. com clementins.com

Come see us at the NCASP 2016 CONFERENCE

Celebrating 25 Years Writing Workers’ Comp for Temp Staffing Firms • Incredible Service • In-House Staffing Specialist Underwriters • Exclusive A+ Rated Carrier • Pay-As-You-Go Program • Available in All States

Jennifer Porter

800-970-9778 x107 JLPorter@nsminc.com www.staffinglines.com NCASP.com

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