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Preventing Discrimination Claims : An Ounce Of Prevention is Worth A Pound Of Cure

Preventing Discrimination Claims : An Ounce Of Prevention is Worth A Pound Of Cure

Like all HR professionals, C2 frequently receives calls from clients that begin with:  “I just have a quick question.”  Eight times out of ten, the answer that follows requires more than just a “quick response.”  Recently, we received one such “quick question” from a small federal contractor.  The contractor was preparing to interview a candidate and noticed the individual was medically honorably discharged from the military.  The client’s question to C2: “Can I ask why the candidate was honorably discharged?” Federal law, as well as the law of most states, prohibits discrimination based upon race, sex (including certain protections for lesbian, gay, bisexual, and transgender (LGBT) individuals), religion, color, gender, military service, national origin, age, disability or genetic information. In some states (and even some cities), discrimination based on other factors — such as marital status — is also prohibited. Therefore, at the outset it is essential to have a firm understanding of the various discrimination laws applicable to your business if you are to curb unlawful discrimination in the workplace.  Even seemingly innocent inquiries, like the one presented by our contractor client above, or facially neutral employment policies can turn into an unintended vehicle for discrimination claims.   The EEOC receives close to 100,000 private sector workplace discrimination charges each year.  In 2014, those charges resulted in the EEOC collecting over $350 million dollars from employers (…and that does not include damages collected from court litigation!).  There is little doubt that employers could have prevented a good percentage of these charges had they armed themselves with a solid understanding of the law and utilized some prophylactic measures to establish... read more
Navigating the Murky Waters of Worker Misclassification

Navigating the Murky Waters of Worker Misclassification

Many employers are moving work towards independent contractors, rather than hiring traditional employees.  This arrangement is particularly attractive for federal government contractors who often need to staff projects of short or indeterminate duration….and on short notice. One common circumstance that C2 addresses with its contracting clients is how to handle workers who are “inherited” from a predecessor contractor.  Frequently, the predecessor’s workers will be comprised of both employees and independent contractors, and the new contractor taking on those workers automatically assigns these workers the same designation.  That can be a huge mistake.  A contractor bears the same responsibility (and same potential liability) for workers it inherits from a predecessor as it does for workers it hires off the street.  So it’s important to know not just the advantages and disadvantages of using independent contractors, but also the rules surrounding their legitimate use. A.  Advantages and Disadvantages When hiring an employee (sometimes called a “W2 employee”), the company has more control over the position requirements and the worker’s performance.  Employers are allowed to direct employees as to how, when, where, and what to do while on the job. In addition, Employers can provide employees with job specific directions, set work place rules, require particular work schedules, and outline performance expectations, all while having the employee report to a supervisor that directly manages the employee’s work.  Employees can grow to become an integral part the corporation, and may even have the opportunity to grow into a more permanent leadership role within the organization, replacing existing managers and leaders that leave for other roles or retire. On the other hand, some responsibilities... read more
Employers:  Don’t Get “Hung” Up on Jury Duty Leave

Employers: Don’t Get “Hung” Up on Jury Duty Leave

Last week one of C2’s small government contracting clients called because an employee had received a grand jury duty summons requiring his attendance in court on Tuesdays and Thursdays each week for up to four months!  Aside from the initial shock of potentially losing the employee (a manager) for two days a week for several months, the client’s next question was:  do we pay him while he’s serving jury duty?  As it turns out, the correct answer depends on (a) the Company’s policies, (b) the employee’s FLSA status, and (c) state law. In a July 2009 article (“Anatomy of a Jury Trial”), eJournal USA estimated that there are 154,000 state court jury trails per year. The National Center for State Courts (NCSC) estimates (as of its most recent 2007 study) that 32 million people get summoned for jury service by state courts each year.  Of those, only 8 million people actually report for jury duty and only about 1.5 million people are eventually selected to serve on a state court jury. The average trial length is five days for criminal trials and four days for civil trials.   By comparison, only about 64,000 people were selected for jury service in 2014 by the less busy federal courts.  Regardless, one of these citizens could easily be your employee out on leave for a period of a few days up to several months, and if you are not prepared then you may end up in a bind. A.  Employers’ Policies Upon receiving the employee’s jury summons, our client initially directed the employee to its Jury Duty Leave policy in the company handbook.  That is... read more
Considering Reducing Employee Hours to Avoid Affordable Care Act Compliance? Think Again

Considering Reducing Employee Hours to Avoid Affordable Care Act Compliance? Think Again

The Affordable Care Act (ACA) is in full swing. Companies should have provided employees with their 1095 forms for 2015 by March 31st, and the deadline of June 30th for filing with the IRS for electronic filers is fast approaching. The reporting requirements are complicated and for those who fail to report, the fines can be steep. For federal contractors, the increased overhead cost associated with ACA compliance has been troubling.  Winning and maintaining contracts in an LPTA environment means cutting costs as much as possible.  Yet, a recent report by the Congressional Budget Office noted that, over the next 10 years, private health insurance premiums will increase by about 5 percent annually, which exceeds the expected gross domestic product growth by 2 percentage points over the same period.  Other reports suggest that by 2025, the cost for employment-based health coverage will increase by sixty (60) percent.  One cost cutting measure being weighed by some companies is to reduce employee hours to avoid ACA compliance.  But the risks may not be worth the reward. Reducing Employees’ Hours Could Reduce Your ACA costs As background, the ACA requires employers with 50 or more employees to offer affordable, minimum value coverage to full-time employees and their dependents or pay a penalty if they fail to offer such coverage and the employee then receives premium assistance from the federal government and obtains coverage through the Health Insurance Marketplace.  Full-time employees are defined by the ACA to include those employees who work thirty (30) hours or more per week.  Employers are not required to offer health insurance to employees working less than thirty (30)... read more
Recruiting Essentials For Federal Contractors

Recruiting Essentials For Federal Contractors

Effective recruiting is important for any business.  But recruiting is even more essential for federal contractors, whose ability to find and hire the right candidate directly affects the company’s ability to win contracts and earn revenue.  If that weren’t enough pressure, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) imposes significant parameters on recruiting to help ensure that contractor hiring practices are fair and non-discriminatory.  Yet those recruiting requirements can be confusing and difficult to apply in practice. Case in point:  A new federal contracting client disclosed to C2 that it had recently gone through a random compliance audit by the OFCCP, and the investigator had cited the client for failing to implement a compliant recruiting program.  The client was confused by the OFFCP’s reprimand, because, as she explained, “we keep all of the resumes we receive so that we can show our hiring practices are not discriminatory.”  But when our HR team began asking her about “search streams” and “applicant tracking” and where they posted resumes to attract veterans and disabled individuals, I could see the look of confusion spread across her face.  Fortunately, we were able to help the client establish compliant recruiting procedures going forward but, for the inexperienced contractor, navigating the OFCCP’s recruiting requirements can be a challenge. A.  So what are Contractors’ Legal Obligations? Federal contractors recruiting obligations vary based on the size of your organization and the dollar amount of your contracts. Companies under 50 employees and more than $10,000 in contracts: (1) Executive order – 11246: Do not discriminate on basis of race, color, religion, sex, or... read more

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John-Z

John Z. Dillon II

Executive Vice President

 

Mr. Dillon leads C2’s Business Development and Sales. Mr. Dillon works with our clients to help them develop optimal workforce strategies and solutions, with one simple goal in mind – improve operational execution. Mr. Dillon came to C2 after serving more than 30 years as an US Army intelligence officer and as a Vice President of Operations at a large Government contractor. He is an operations executive with a history of developing, building and sustaining business teams and strategic partnerships and growing business. Mr. Dillon possesses an innate ability to transfer long-term corporate vision into operational plans and successful, revenue producing business opportunities.

Mr. Dillon earned his Bachelor of Arts degree in Criminal Justice from Radford University and his MBA from Touro University. He is also a graduate of the US Army War College (Senior Service College Fellow at the CIA). He is a certified Project Management Professional (PMP).


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C2 HR Blog

Latest HR News, Events & Employment Laws updates


  • Preventing Discrimination Claims : An Ounce Of Prevention is Worth A Pound Of Cure
    Posted by admin on 07/14/2016 at 1:20 pm

    Like all HR professionals, C2 frequently receives calls from clients that begin with:  “I just have a quick question.”  Eight times out of ten, the answer that follows requires more than just a “quick response.”  Recently, we received one such “quick […]

  • Navigating the Murky Waters of Worker Misclassification
    Posted by admin on 06/02/2016 at 6:03 pm

    Many employers are moving work towards independent contractors, rather than hiring traditional employees.  This arrangement is particularly attractive for federal government contractors who often need to staff projects of short or indeterminate duration….and on short notice. One common […]

  • Employers: Don’t Get “Hung” Up on Jury Duty Leave
    Posted by admin on 05/09/2016 at 6:08 pm

    Last week one of C2’s small government contracting clients called because an employee had received a grand jury duty summons requiring his attendance in court on Tuesdays and Thursdays each week for up to four months!  Aside from the initial shock of potentially losing the employee (a […]

  • Considering Reducing Employee Hours to Avoid Affordable Care Act Compliance? Think Again
    Posted by admin on 04/14/2016 at 2:34 pm

    The Affordable Care Act (ACA) is in full swing. Companies should have provided employees with their 1095 forms for 2015 by March 31st, and the deadline of June 30th for filing with the IRS for electronic filers is fast approaching. The reporting requirements are complicated and for those who fail […]

  • Recruiting Essentials For Federal Contractors
    Posted by admin on 03/28/2016 at 8:43 pm

    Effective recruiting is important for any business.  But recruiting is even more essential for federal contractors, whose ability to find and hire the right candidate directly affects the company’s ability to win contracts and earn revenue.  If that weren’t enough pressure, […]

  • Enrich Your Benefits Without Breaking Your Bottom Line
    Posted by admin on 03/03/2016 at 7:32 pm

    In today’s job market, U.S. employees have grown increasingly accustomed to generous benefits programs. But employee benefits were not a significant part employer compensation packages until the mid-twentieth century. In 1929, employee benefits comprised only 3% of a company’s total […]

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Gertie

Kevin McCoy

General Counsel

 

Mr. McCoy serves as C2’s General Counsel, managing the overall legal needs of the company. Mr. McCoy also works closely with the company’s HR teams who provide strategic advice to clients on a myriad of human resources related matters. Mr. McCoy came to C2 as an experienced labor and employment attorney, having served as a Partner in two different D.C. area law firms that specialize exclusively in management-side labor and employment law. Mr. McCoy likes to problem solve, and enjoys helping his clients work through the legal challenges of operating a large multi-jurisdictional HR outsourcing company.

After graduating with a degree in Philosophy from Emory & Henry College in Southern Virginia, Mr. McCoy earned his law degree from Valparaiso University School of Law. Mr. McCoy began his legal career as a judicial law clerk to judges on two different intermediate courts of appeal before settling in the D.C. region.


Gertie

Gertie Fields

Director of Payroll & Administration

 

Ms. Fields manages C2’s Payroll Services team, charged with ensuring that all client payroll processing is timely and accurate. She is responsible for all aspects of client payroll accounting and financial reporting functions, including preparation of payroll audits. She manages the processing of multi-state payrolls, new hire reporting, and transmission of ACH files, and ensures that payrolls are accurate and fully compliant.

More importantly, Ms. Fields and her team pride themselves on proactively identifying potential payroll issues for clients before they become a problem. She has been with C2 since 1998, and has directed all aspects of Payroll Services. She holds a bachelors’ degree in Business Administration with a concentration in Acquisition and Contract Management.


Sharon

Sharon Liotta

Chief Financial Officer

 

Ms. Liotta brought her 20-years of accounting management experience to C2 when she joined the company in 2000. As CFO, she directs and oversees all financial activities of the corporation including preparation of financial reports as well as summaries and forecasts for future business growth and general economic outlook. She is responsible for business and financial strategy and planning, monitoring, and management and reporting, including management and development of policies, systems, processes and personnel involved. Ms. Liotta directs the accounting staff to ensure that exceptional internal auditing and financial controls are maintained.

Ms. Liotta earned a Bachelor of Science degree in Business Administration from George Mason University with undergraduate studies at Clemson University.


HR-CEO

Jackie Asencio

President & CEO 

 

Ms. Asencio is President and CEO of C2 Essentials, Inc., one of the region’s leading human capital management service providers. With more than 30 years’ experience, Ms. Asencio has been a major influence in helping small to mid-size government contractors grow and compete in the federal marketplace. C2 Essentials has successfully provided clients with a competitive edge through cost-effective HR outsourcing. Ms. Asencio recognizes that federal contractors are increasingly forced to reduce their costs due to pricing pressure. C2 Essentials becomes a strategic partner to its clients to help reduce their overhead and fringe dollars, while providing a robust HR expertise that enables clients to achieve HR compliance in an increasingly complex regulatory environment. HR outsourcing solutions are focused on the client’s mission, both CONUS and OCONUS.

As a seasoned trainer and coach, Ms. Asencio works closely with business owners ensuring their human capital management strategies are aligned to their business goals. Ms. Asencio has extensive experience in full life cycle recruiting, talent management, succession planning, career development, reward and recognition strategies, performance management, regulatory compliance, compensation, benefits, risk management, and outplacement services. Prior to founding C2 Essentials, Ms. Asencio provided human capital management support to Department of Defense and various civilian agencies.

Ms. Asencio believes in giving back to the community, her philanthropic activities have included supporting Operation Homefront, Wounded Warriors, Boulder Crest Retreat, The National Veterans Institute for Procurement, and local families in need. Ms. Asencio has received the Sister Eymard Gallagher Award for Corporate Social Responsibility and was a finalist for The Dr. J.P. London Award for Promoting Ethical Behavior for the Human Resources Leadership Awards (HRLA) of Greater Washington.


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