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Monthly Archives: August 2018

Stop your trade secrets from walking out the door

Erin Mirante0 Comment

Trade secrets are among the most critical yet often overlooked assets of any organization. And they aren’t always as sophisticated as proprietary software or as famously secret as Coca-Cola’s formula. A trade secret can be as seemingly innocuous as a customer list, business strategy, policy manual or pricing sheet.

When looking to protect yours, the first line of defense should be following the advice of your attorney. But your HR staff and policies can also play critical supporting roles in stopping trade secrets from walking out the door.

Eyes only

For starters, create an internal employee policy dealing with the care and keeping of confidential information. Only those needing access to trade secrets should be able to get to them.

Control access to physical facilities where documents related to trade secrets are kept. Just as important, if not more so, establish strong technological safeguards to prevent unauthorized access to servers and hard drives where confidential data is stored.

Whenever you must share trade secrets with a third party, first get approval from your legal counsel. Then, require the third party to sign a nondisclosure agreement stating that the information is confidential and proprietary to your organization.

Also incorporate nondisclosure language into employment applications and job descriptions for sensitive positions. And ask key employees to sign a noncompete agreement that contains language specific to trade secrets.

Employee departures

When employees leave your organization, you should conduct exit interviews to, in part, remind them of their obligation to maintain confidentiality. During the interview, use a checklist to ensure all intellectual property has been returned. And change passwords and take other security measures after the employee departs.

If necessary, send a letter to the former employee’s new employer, advising them that this person had access to trade secrets as well as confidential information and has a continuing duty not to disclose it. But don’t overstate your company’s rights to confidentiality or cast the former worker in a negative light.

Everything in your power

A well-protected trade secret can mean the difference between keeping a competitive edge and losing it. Make sure you regularly take inventory of your trade secrets. Then do everything in your power to protect them. Our firm can provide more information and further guidance.

© 2018

Business tips for back-to-school time

Erin Mirante0 Comment

Late summer and early fall, when so many families have members returning to educational facilities of all shapes and sizes, is also a good time for businesses to creatively step up their business development efforts, whether it’s launching new marketing initiatives, developing future employees or simply generating goodwill in the community. Here are a few examples that might inspire you.

Becoming a sponsor

A real estate agency sponsors a local middle school’s parent-teacher organization (PTO). The sponsorship includes ads in the school’s weekly e-newsletter and in welcome packets for new PTO members. Individual agents in the group also conduct monthly gift card drawings for parents and teachers who follow them on Facebook.

The agency hopes parents and teachers will remember its agents’ names and faces when they’re ready to buy or sell their homes.

Planting the seeds of STEM

An engineering firm donates old computers and printers to an elementary school that serves economically disadvantaged students. The equipment will be used in the school district’s K-12 program to get kids interested in careers in science, technology, engineering and math (STEM) disciplines.

At back-to-school time, a firm rep gives presentations at the schools and hands out literature. Then, in the spring, the company will mentor a select group of high school seniors who are planning to pursue engineering degrees in college.

Participating in STEM programs fosters corporate charity and goodwill. It can also pay back over the long run: When the firm’s HR department is looking for skilled talent, kids who benefited from the firm’s STEM efforts may return as loyal, full-time employees.

Launching an apprenticeship program

The back-to-school season motivates a high-tech manufacturer to partner with a vocational program at the local community college to offer registered apprenticeships through a state apprenticeship agency. In exchange for working for the manufacturer, students will receive college credits, on-the-job training and weekly paychecks. Their hourly wages will increase as they demonstrate proficiency.

The company hopes to hire at least some of these apprentices to fill full-time positions in the coming year or two.

Finding the right fit

Whether schools near you are already in session or will open soon, it’s not too late to think about how your business can benefit. Sit down with your management team and brainstorm ways to leverage relationships with local schools to boost revenues, give back to your community and add long-term value. We can provide other ideas and help you assess return on investment.

© 2018

Nonprofits should be prepared for sudden outpouring of support

Rachel Owens0 Comment

Americans gave unprecedented sums to charity in response to the devastating hurricanes last year. Large organizations, such as the American Red Cross, were equipped to handle the huge influxes of donations. However, some smaller charities were overwhelmed. Although it may seem like an unlikely problem, your not-for-profit needs a plan to handle a potential outpouring of support.

Know what’s normal

Perhaps the biggest lesson to learn from recent disasters is to always have an expansion plan in place. When the influx of online giving reached critical mass, many organizations found that their websites overloaded and went offline. Their sites had to be moved to more powerful servers to handle the increased traffic.

Keep track of “normal” website hits, as well as the numbers of calls and email inquiries received, so you won’t be caught off guard when you start to surpass that amount. Also, know your systems’ ultimate capacity so you can enact a contingency plan should you approach critical mass.

Mobilize your troops

Having an “early warning system” is only one part of being prepared. You also need to be able to mobilize your troops in a hurry. Do you know how to reach all of your board members at any time? Can you efficiently organize volunteers when you need extra hands quickly? Be sure you have:

• An up-to-date contact list of board members that includes home, office and mobile phone numbers,
• A process, such as a phone tree, so you can communicate with the board quickly and efficiently, and
• One or more emergency volunteer coordinators who can call and quickly train people when you need them.

Also conduct a mock emergency with staff and volunteers to learn where you’re prepared to ramp up and where you’re not.

Build relationships

A surge in donor interest may mean a surge in media attention. While it might be tempting to say, “not now, we’re busy,” don’t pass up the opportunity to publicize your organization’s mission and the work that’s garnering all the attention.

In most cases, the immediate surge of interest eventually wanes. Before that happens, start to build lasting relationships with new donors and media contacts. Inform them about the work your organization does under “normal” circumstances and suggest ways to get them involved.

© 2018

Why employers are taking another look at life insurance as a fringe benefit

Rachel Owens1 Comment

In their continuing effort to assemble the most enticing employee benefits package possible, some employers are showing renewed interest in an old favorite: group term life insurance. Although such life insurance coverage had fallen off the radar screens of some employers, it remains an affordable benefit that can pay off for employer and employees alike.

Employer upside

For you, the employer, the upside is considerable. Premiums you pay for group term life insurance are generally tax-deductible and, because claims occur so infrequently, the coverage is typically simple and inexpensive to administer compared with other fringe benefits. When covered employees do pass away, the paperwork is fairly straightforward.

But perhaps the most important reason to consider offering life insurance as a fringe benefit is that employees want it. In fact, almost half of those who responded to MetLife’s 15th Annual U.S. Employee Benefit Trends Study, published in 2017, called life insurance a “must-have” benefit.

With the mounting concern among workers about financial wellness, life insurance is especially appealing to those with children or other dependents. Having it can reduce stress, strengthen organizational loyalty and increase productivity.

Employee costs

For employees, group term life insurance usually isn’t a taxable benefit. More specifically, the cost of the first $50,000 of coverage you provide generally is tax-exempt for the covered employee if you meet certain conditions. But you must include in the employee’s income the cost of coverage exceeding $50,000, less any amounts the employee paid toward the coverage. The amount included in income is also subject to payroll taxes (Medicare and Social Security, or FICA).

What if you provide coverage for an employee’s spouse or dependent? The cost of such group term life insurance coverage is tax-exempt to the employee if the coverage doesn’t exceed $2,000. If it does, the entire cost of coverage generally is taxable.

Note: The cost of coverage for tax purposes is calculated according to an IRS table, not the actual premiums paid.

Eligible participants

Once you decide to offer life insurance, you’ll have to determine which employees will be eligible. The more insured employees, the lower the rates you’ll pay.

Bear in mind that, if you offer the benefit only to key employees or in a way that favors key employees, it probably will be taxable to them because you’ll have trouble satisfying the IRS nondiscrimination requirements. The cost also would be subject to payroll taxes, and you’ll risk alienating the rank and file.

A valuable tool

All in all, group term life insurance is a worthwhile benefit to consider adding to the mix. Structured properly and combined with other desirable benefits, it can prove a valuable tool to boost recruitment and retention. We can provide you with more information on the tax impact and advantages of life insurance, as well as other fringe benefits to consider.

© 2018

6 ways to get more value from an IT consultant

Rachel Owens0 Comment

IT consultants are many things — experts in their field, champions of the workaround and, generally, the “people persons” of the tech field. But they’re not magicians who, with the wave of a smartphone, can solve any dilemma you throw at them. Here are six ways to get more value from your company’s next IT consulting relationship:

1. Spell out your needs. Define your desired outcome in as much detail as possible up front, so that both you and the consultant know what’s expected of each party. To do so, create a project scope document that clearly delineates the job’s purpose, timeframe, resources, personnel, reporting requirements, critical success factors and conflict resolution methods.

2. Appoint an internal contact. Assign someone within your organization as the internal project manager as early in the process as possible. He or she will be the go-to person for the consultant and, therefore, needs to have a thorough knowledge of the job’s requirements and be able to fairly assess the consultant’s performance.

3. Put in some prep time. Before the consultant arrives, prepare his or her workstation, ensuring that any equipment you’re providing works and allows appropriate access to the required systems — including email. Don’t forget to set up the phone, too, and add the consultant to your company phone list. Also, alert your staff that you have engaged a consultant and, to alleviate potential concerns, explain why.

4. Roll out the welcome wagon. Try to arrange an orientation on the Friday before the start date (assuming it’s a Monday). That way, you can give the consultant the project scope document as well as a written company overview (perhaps your employee procedures manual) that includes policies, safety protocols, office hours and tips on company culture to review over the weekend.

5. Keep in touch. Conduct regular project status meetings with the consultant to assess progress and provide feedback. Notify the consultant or the internal project manager immediately if you suspect the job is off track.

6. Conclude courteously. If you need to end the consulting engagement earlier than expected (for reasons other than poor performance) or extend it beyond the agreed-on timeframe, give as much notice as possible.

Act toward a good consultant as you would any valued vendor with whom you’d like to work again. After all, establishing a positive relationship with someone who knows your business could provide even greater return on investment in the future. Our firm would be happy to explain further or explore other ideas.

Is there a weak link in your supply chain?

Erin Mirante0 Comment

In an increasingly global economy, keeping a close eye on your supply chain is imperative. Even if your company operates only locally or nationally, your suppliers could be affected by wider economic conditions and developments. So, make sure you’re regularly assessing where weak links in your supply chain may lie.

3 common risks

Every business faces a variety of risks. Three of the most common are:

1. Legal risks. Are any of your suppliers involved in legal conflicts that could adversely affect their ability to earn revenue or continue serving you?

2. Political risks. Are any suppliers located in a politically unstable region — even nationally? Could the outcome of a municipal, state or federal election adversely affect your industry’s supply chain?

3. Transportation risks. How reliant are your suppliers on a particular type of transportation? For example, what’s their backup plan if winter weather shuts down air routes for a few days? Or could wildfires or mudslides block trucking routes?

Potential fallout

The potential fallout from an unstable supply chain can be devastating. Obviously, first and foremost, you may be unable to timely procure the supplies you need to operate profitably.

Beyond that, high-risk supply chains can also affect your ability to obtain financing. Lenders may view risks as too high to justify your current debt or a new loan request. You could face higher interest rates or more stringent penalties to compensate for it.

Strategies to consider

Just as businesses face many supply chain risks, they can also avail themselves of a variety of coping strategies. For example, you might divide purchases equally among three suppliers — instead of just one — to diversify your supplier base. You might spread out suppliers geographically to mitigate the threat of a regional disaster.

Also consider strengthening protections against unforeseen events by adding to inventory buffers to hedge against short-term shortages. Take a hard look at your supplier contracts as well. You may be able to negotiate long-term deals to include upfront payment terms, exclusivity clauses and access to computerized just-in-time inventory systems to more accurately forecast demand and more closely integrate your operations with supply-chain partners.

Lasting success

You can have a very successful business, but if you can’t keep delivering your products and services to customers consistently, you’ll likely find success fleeting. A solid supply chain fortified against risk is a must. We can provide further information and other ideas.

© 2018

3 ideas for recruiting nonprofit volunteers

Erin Mirante0 Comment

Most charitable not-for-profits have a never-ending need for volunteers. But finding new ones can be time-consuming — and volunteer searches aren’t always successful. Here are three recruitment ideas that can help.

1. Look nearby

Is your nonprofit familiar to businesses, residents and schools in the surrounding community? People often are drawn to volunteer because they learn of a worthwhile organization that’s located close to where they live or work.

Start to get to know your neighbors by performing an inventory of the surrounding area. Perhaps there’s a large apartment building you’ve never paid much attention to. Consider the people who live there to be potential volunteers. Likewise, if there’s an office building nearby, learn about the businesses that occupy it. Their employees might have skills, such as website design or bookkeeping experience, that perfectly match your volunteer opportunities.

Once you’ve identified some good outreach targets, mail or hand-deliver literature introducing your nonprofit as a neighbor and describing your needs. Consider inviting your neighbors to a celebration or informational open house at your offices.

2. Fine-tune your pitch

By making your pitches as informative and compelling as possible, you’re more likely to inspire potential volunteers to action. Specifically, explain the:

• Types of volunteer jobs currently available
• Skills most in demand
• Times when volunteers are needed
• Rewards and challenges your volunteers might experience

When possible, incorporate photographs of volunteers at work — along with their testimonials. And make it easy for people to take the next step by including your contact information or directing them to your website for an application.

3. Reach out to your network 

Develop a system for keeping those closest to your organization — major donors, board members and active volunteers — informed of your volunteer needs. These individuals often are influential in their communities, so a request from them is more likely to get people’s attention. They may even frame a request for assistance in the form of a challenge, with the solicitor being the first to volunteer their time or funds, of course.

Remain in pursuit

No matter how precise or thorough your initial recruiting efforts, remember that one-time or sporadic efforts are insufficient to attract a steady supply of volunteers. To get the resources you need, make volunteer recruitment a continuous process that draws on several strategies.

© 2018

Changes ahead for 401(k) hardship withdrawal rules

Erin Mirante0 Comment

Many employers sponsor 401(k) plans to help employees save for retirement. But sometimes those employees need access to plan funds well before they retire. In such cases, if the plan allows it, participants can make a hardship withdrawal.

If your organization sponsors a 401(k) with this option, you should know that there are important changes on the way next year.

What will be different

Right now, 401(k) hardship withdrawals are limited to only funds an employee has contributed, and the employee must first take out a plan loan from the account. The employee also cannot participate in the plan for six months after a hardship withdrawal.

However, important changes take effect in 2019 under the Bipartisan Budget Act of 2018 (BBA). First, employees’ withdrawal limits will include not only their own contributed amounts, but also accumulated employer matching contributions plus earnings on contributions. If an employee has been participating in your 401(k) for several years, this could add substantially to the amount of funds available for withdrawal in the event of a legitimate hardship.

In addition, the BBA eliminates the current six-month ban on employee participation in the 401(k) plan following a hardship withdrawal. This means employees can stay in the plan and keep contributing, which allows them to begin recouping withdrawn amounts right away. And, for you, the plan sponsor, it means no longer having to re-enroll employees in the 401(k) after the six-month hiatus.

What remains the same

Some things haven’t changed. Hardship withdrawals are still subject to a 10% tax penalty, along with regular income tax. This combination could take a substantial bite out of the amount withdrawn, effectively forcing account holders to take out more dollars than they otherwise would have to, so as to wind up with the same net amount.

The BBA also didn’t change the reasons for which hardship withdrawals can be made. According to the IRS, such a withdrawal “must be made because of an immediate and heavy financial need of the employee and the amount must be necessary to satisfy the financial need.” This can include the need of an employee’s spouse or dependent, as well as that of a nonspouse, nondependent beneficiary.

The agency has said that the meaning of “immediate and heavy” depends on the facts of the situation and assumes the employee doesn’t have any other way to meet the need. Examples offered by the IRS include:

• Qualified medical expenses
• Tuition and related educational fees and expenses, and
• Burial or funeral expenses.

The agency has also cited costs related to a principal residence as usually qualifying. These include expenses related to the purchase of a principal residence, its repair after significant damage, and costs necessary to prevent eviction or foreclosure.

Further guidance

If your organization sponsors a 401(k) plan that permits hardship withdrawals, be sure to read up on all the details related to the BBA’s changes. Our firm can provide more information and further guidance.

© 2018