Understanding Leave Policies: Key Considerations for Employers

As federal leave laws, like the Family and Medical Leave Act (FMLA), provide a framework for employee leave, many states are going further by enacting laws that expand these rights. These state-level initiatives address a variety of situations, offering employees more opportunities to take time off. Businesses should review these seven key considerations to comply with these legal requirements and thoughtfully manage voluntary leave options:

1. Mandatory vs. Voluntary Leave

Certain leaves of absence are required by law based on company size, and employers are generally obligated to approve these requests if the employee is eligible. In contrast, voluntary leave, such as an extended vacation or personal time, is not legally mandated. Employers can decide whether to grant such requests, guided by their internal policies.

2. Paid vs. Unpaid Leave

Leaves of absence can be classified as either paid or unpaid, depending on the circumstances and company policies:

  • Paid leave allows employees to maintain their full or partial salary while away from work.
  • Unpaid leave provides employees the ability to take time off without receiving compensation, which is common with voluntary absences.

3. Duration of Leave

The duration of leave varies based on its type:

  • Mandatory leave: Governed by specific laws, such as FMLA’s 12-week provision.
  • Voluntary leave: The duration is determined at the employer’s discretion and should align with company policy.

4. Job Protection

Mandatory leaves, like those under FMLA, require that employees return to their same or an equivalent position after their leave. Voluntary leave, however, does not come with a guarantee of job protection unless explicitly stated in company policies.

5. Benefits During Leave

Employee benefits, such as health insurance, may or may not continue during a leave of absence:

  • Mandatory leave: For instance, under FMLA, employees can retain health benefits for up to 12 weeks, provided they continue paying their share of the premium.
  • Voluntary leave: Employers have discretion over whether benefits continue during voluntary leave and should outline these terms in their policies.

6. Governing Laws

Federal laws regulating leaves include:

  • The FMLA for family and medical leave.
  • The Americans with Disabilities Act (ADA) for reasonable accommodations.
  • The Uniformed Services Employment and Reemployment Rights Act (USERRA) for military leave.

State laws often provide additional protections, such as extended family, medical, or military-related leave. Employers must stay informed about state-specific requirements to ensure compliance.

7. Policy Provisions

To maintain transparency and compliance, employers should develop detailed leave policies and include them in employee handbooks. These policies should specify:

  • Types of leave available
  • Eligibility requirements
  • Employee rights and responsibilities
  • Pay and benefit implications
  • Procedures for requesting leave

By addressing these considerations, organizations can create comprehensive leave policies that balance compliance with employee needs and operational requirements.


To learn more about how Counter Point can help support your compliance needs, request a call today!

Key State and Federal Compliance Deadlines for Employers

The start of 2025 has introduced numerous compliance changes and updates at both the federal and state levels. To help employers stay prepared, here are key employment law deadlines taking effect in March, along with important regulations to watch through July.

Upcoming Federal Requirements

OSHA Form 300A Electronic Submission Due by March 2

  • Covered establishments with 250 or more employees in the 2024 calendar year—or those with 20 to 249 employees in certain high-risk industries—must electronically submit their 2024 OSHA Form 300A data using OSHA’s online Injury Tracking Application (ITA). The submission deadline is March 2, 2025.
  • Employers that meet any of the following criteria do not have to send Form 300A information to OSHA:
    • They are partially exempt from OSHA’s routine recordkeeping requirements, as mentioned above.
    • They never had 20 or more employees during the previous calendar year, regardless of industry. 
    • They had between 20 and 249 employees at some point during the previous calendar year but are not considered high-risk industries

Executive Orders and Their Impact on Private Employers

  • The recent Executive Orders do not apply to private employers unless they are federal contractors or receive federal funding. Due to their limited scope, private employers are not required to discontinue diversity, equity, and inclusion (DEI) training or initiatives.

Upcoming State Requirements

These upcoming law changes could significantly impact employers, affecting workplace policies, and compliance obligations.

New Jersey: Effective June 1, the New Jersey Pay Transparency law will take effect. Employers with 10 or more employees must include the hourly wage or pay range, along with a general description of benefits and other compensation programs available to the position, in all job postings. Additionally, employers must make reasonable efforts to notify current employees of open positions. 

Missouri: In May, a new Paid Sick Leave law will take effect. Under this law, employees must accrue one hour of sick leave for every 30 hours worked or receive a frontloaded amount based on employer size. Employers with 0–14 employees may limit annual usage to 40 hours, while employers with 15 or more employees may limit usage to 56 hours annually. Employers must allow employees to use sick leave in the smallest time increment that the payroll system can track. Carryover may be capped at 80 hours, and a doctor’s note can only be required after three consecutive absences. This new law requires employers to update their policies and distribute a Notice of Rights by April 15.

Alaska: Effective in July, Alaska will enact a Sick Leave law. Employees must accrue one hour of sick leave for every 30 hours worked, or employers can frontload sick leave based on employee size. Employers with 0–14 employees may limit annual usage to 40 hours, while employers with 15 or more employees may limit usage to 56 hours per year. Employers must allow employees to use sick leave in the smallest time increment that the payroll system can track, and carryover can be capped at 80 hours. A doctor’s note can only be required after three consecutive absences. This new law requires employers to update their policies and distribute a Notice of Rights by July 31.

Vermont: Vermont Pay Transparency law will go into effect in July. Employers with 5 or more employees must include the rate or pay range information in job postings, including details about whether the pay is commission-based.

To learn more about how Counter Point can help support your compliance needs, request a call today!

Smart Open Enrollment Tips for Your Small Business

Now is the right time to build an open enrollment strategy that boosts employee satisfaction, while reducing the administrative workload for your small business.

As retaining top talent becomes increasingly important, every touchpoint—including benefits enrollment—matters. A frustrating enrollment experience can leave employees feeling dissatisfied and even prompt them to seek other opportunities. By streamlining the benefits enrollment process, you can retain your workforce and save time to focus on bigger strategic goals. Whether you have a team of 5 or 500, a streamlined benefits enrollment process is critical to creating meaningful experiences for your employees.

Here are 4 tips to streamline open enrollment for your small business:

1. Review Benefit Offerings

The right benefits are important to employees, and many will shop around for an employer that can offer what they want. Employee’s needs are constantly evolving. To find out what they want, go to the source. Pulse surveys are a great way to find out what your employees value most. Questions can include:

  • Are you happy with your current benefits?
  • Do you feel satisfied with the selection of benefit options?
  • What additional benefits would best support your needs?

2. Create a Communication Strategy

One common challenge with benefits enrollment is insufficient communication. To address this, take a proactive approach by keeping employees informed year-round, not just during the open enrollment period. Regularly update them on key dates and provide clear details about their benefits to ensure a positive overall experience.

Provide employees with easy access to the information they need to make their selections. This might include health plan brochures, benefits guides from your broker, or an online cost comparison tool. Employees will have questions; provide them with a detailed FAQ that provides clear answers, as well as a point of contact who can help with more complex questions.

3. Enhance the Open Enrollment Experience

When employees lack a clear understanding of their benefits, they often pay premiums for services they rarely use—or worse, miss out on enrolling in essential benefits. This can lead to reduced benefits engagement, lower utilization, unexpected financial burdens, and wasted resources. To prevent this, provide your employees with key questions to consider before open enrollment begins. This helps ensure they make informed decisions that align with their needs and lifestyle. Questions can include:

  • Who in my family needs coverage?
  • What coverage options are available?
  • Which option best fits my needs and lifestyle?
  • What will it cost each paycheck?

4. Consider Technology for Open Enrollment

The right software can automate workflows and enhance the experience for everyone across the organization. Human capital management (HCM) technology simplifies routine HR tasks, giving employees a single system to handle essential functions like onboarding, requesting time off, accessing paystubs, and enrolling in benefits. When benefits administration is integrated into the same platform, it further streamlines the process, making it easier for both employees and employers.


Counter Point has solutions and resources that can help streamline benefits enrollment for your business. Request a call today to learn more!

6 Steps to Leverage E-Verify

As a business owner, safeguarding your company’s integrity and promoting a lawful and trustworthy workforce is essential. When hiring new employees, you’ll need to verify their identity and employment eligibility through Form I-9. Along with physically reviewing their documents, E-Verify streamlines the process by allowing you to confirm employment eligibility electronically, making it faster and more convenient.

Follow these six steps to use E-Verify for your business: 

1: Enroll in E-Verify

You’ll need several pieces of information about your company for this task and sign a memorandum of understanding. If you have more than one location where you’ll be hiring, you can either choose to designate one site to create E-Verify cases for new employees for the whole company or enroll each site that will perform its own employment verifications.

2: Complete E-Verify Training

All employers who enroll and any users who will create cases must complete an E-Verify tutorial.

3: Create an E-Verify Case

Within 3 business days after a new hire’s first day, create an E-Verify case. To do this, you’ll input the information from sections 1 and 2 of the Form I-9.

4: Examine Documents

The employee must first transmit copies of the documents they plan to present. Then, during a live video call, complete the remote I-9 verification process by examining the documents to confirm they appear genuine.

5: Note the Use of E-Verify

Indicate you used the alternative procedure on Form I-9. This requires simply checking a box.

6: Keep Copies of All Documents

Make and retain clear and legible copies or electronic images of the documentation presented by employees for review in case of an audit.


Engaging in unlawful hiring practices can result in significant penalties, including fines of up to $3,000 per employee and possible imprisonment. While compliance with employment laws is essential for every employer, keeping up with the regulations can be both difficult and time-consuming.

Schedule a call to find out how Counter Point can protect your business and simplify your compliance processes.

Interview Strategies: Questions to Ask to Identify the Right Talent

Recruiting is an important, but time-consuming process that requires careful planning and the ability to identify and attract the right candidates. According to a recent survey of HR leaders conducted by our technology partner, isolved, it’s what keeps them up at night–65% expect recruiting to be just as difficult or even more challenging than last year. 

One of the most significant challenges in talent acquisition today is the shortage of qualified candidates. While the primary goal is to fill a role, it is equally crucial to ensure the candidate is the right fit for the organization. To help narrow down the list of applicants and make the best hiring decisions, it is beneficial to incorporate various types of interview questions into your hiring process.

Behavioral Questions

Behavioral interview questions are designed to assess how candidates have handled situations in the past, providing valuable insight into their future behavior and how they might perform under pressure. These questions typically begin with phrases like “Tell me about a time when…” or “Give me an example of…” By focusing on past experiences, employers can gauge a candidate’s problem-solving skills, adaptability, and ability to cope with stress.

For example, a common behavioral question might be: “Tell me about a time when you had to meet a tight deadline. How did you manage it?” This question helps to understand how the candidate prioritizes tasks, manages time, and handles the pressure of a looming deadline. The candidate’s response can reveal their organizational skills and ability to maintain productivity in stressful situations.

Situational Questions

Situational questions present hypothetical scenarios to candidates to understand how they would handle potential challenges. This type of question is particularly useful for assessing a candidate’s adaptability and problem-solving skills.

An example of a situational question is: “What would you do if you were assigned a project with unclear instructions and a short deadline?” This question assesses the candidate’s ability to seek clarity, prioritize tasks, and deliver results. Their response will reveal their proactive approach and how they handle uncertainty and tight deadlines.

Problem-Solving Questions

Problem-solving questions are crafted to test a candidate’s analytical skills and their approach to resolving issues. These questions often present a specific problem scenario and ask the candidate to come up with a solution. This allows the interviewer to evaluate the candidate’s critical thinking, creativity, and ability to work through complex situations.

For example, a typical problem-solving question might be: “How would you approach resolving a conflict between two team members?” The response to this question can indicate the candidate’s conflict resolution skills, their ability to foster a collaborative working environment, and their capacity to maintain team harmony.


These types of interview questions can significantly improve the quality of hires by ensuring that candidates are not only qualified but also a good fit for the culture and work environment. By thoughtfully crafting and using these questions, employers can make smarter hiring choices, leading to a more cohesive team. Incorporating behavioral, situational, and problem-solving questions into your interviews is key to finding the right talent and ensuring your organization’s long-term success.

Is your organization hiring? Reach out to us to learn how we can help streamline the process.

Best Practices for Effective Job Postings

In today’s competitive hiring environment, crafting an effective job posting is crucial. Considering that 75% of resumes are rejected before they reach the hiring manager, the key challenge is to write a description that attracts top talent while minimizing the number of unqualified applicants. 

Below are some best practices for writing your job posts, along with examples of effective and ineffective job postings. Creating a compelling job post involves several key elements. Here are some tips to help you make a strong first impression:

Make it Stand Out

Your job title should be more than just the position name. Add a hook or a few enticing details to make it stand out. For example, instead of simply posting “Call Center Representative,” enhance it with phrases like “Flexible Work with Growth Opportunities.” This can capture the interest of potential candidates who are looking for more than just a job title.

Highlight Your Culture

Give candidates a glimpse into what it’s like to work at your company. Include information about your culture, values, and team environment. Highlighting what makes your company unique can help prospective employees connect with your mission and envision themselves as part of your team.

Feature Key Benefits

Make your job posting stand out by listing the top perks your company offers. Be aware of current trends in employee benefits and ensure you highlight points that will resonate with job seekers. This could include health benefits, retirement plans, professional development opportunities, and more.

Share Key Aspects of the Job

Provide an overview of the most exciting and important aspects of the role. While you should avoid getting bogged down in excessive details, including key features of the job can help generate enthusiasm among prospective employees. This might include significant responsibilities, potential projects, or unique challenges associated with the role.

Focus on Flexibility

In today’s job market, flexibility is a highly valued perk. If the position is remote or offers the option to work from home part of the time, be sure to mention it. Additionally, provide details about the job’s location and whether you offer relocation assistance. Flexibility can be a significant draw for many candidates, so highlighting this aspect can give you a competitive edge.

For Example…

To illustrate these points, consider the following:

Good Job Post

Title: “Customer Service Representative – Flexible Work with Growth Opportunities”

Description: “Join our dynamic team and help us deliver outstanding customer service. At [Company Name], we value innovation, teamwork, and growth. Our employees enjoy a collaborative work environment, comprehensive health benefits, and ongoing professional development. This role offers the flexibility to work from home several days a week. If you’re passionate about helping others and eager to advance your career, we’d love to hear from you.”

Poor Job Post

Title: “Customer Service Representative”

Description: “Looking for a customer service representative. Must have good communication skills and be able to handle complaints.”


By following these tips and examples, you can create job postings that effectively attract top talent and make a positive first impression. If you need help perfecting your recruiting efforts, request a call with us today.

Navigating Pay Transparency

Updated 2/12/25

Pay Transparency (or salary transparency/wage transparency) is the practice of openly sharing compensation information with employees and job candidates. This often includes disclosing salary ranges for job postings and providing this information to current employees upon request, creating an open and equal environment.

Legislation related to pay transparency continues to expand across the country, with additional state laws taking effect in 2025, including:

Illinois – Beginning January 1, 2025, employers with 15 or more employees are required to include the pay scale and benefits for a specific job in job postings. The law covers remote positions when the work will partially or wholly be performed in Illinois or when it will be performed outside of the state but the role will report into an office or supervisor or work site in Illinois.

Minnesota – Beginning January 1, 2025, employers with 30 or more employees at one or more sites in Minnesota must disclose the starting salary range and a description of benefits available and other compensation offered.

Massachusetts – Starting October 29, 2025, employers with 25 or more employees must disclose pay ranges for positions in postings, to employees transferring into new positions, or upon request. They do not need to disclose bonus or commission information. Starting February 1, 2025, employers with 100 or more employees subject to EEO-1, 3, 4, or 5 reporting requirements need to file a wage data report with the state.

New Jersey – As of June 1, 2025, employers must include a wage or salary range in internal and external job postings. This applies to employers with 10 employees over 20 calendar weeks and who conduct business in New Jersey, employ persons in the state, or accept applications for employment within the state.

What This Means for You

Pay transparency tends to promote greater pay equity by holding companies accountable for fair pay practices. It can also attract more talent and reduce inefficiencies in the hiring process, as candidates who are aware of salary ranges upfront are more likely to be satisfied with the offered compensation. 

Additional benefits include increased employee trust, retention, and engagement. However, pay transparency may also require employers to quickly reformulate pay practices and could expose your company to the risk of competitors poaching employees.

What You Can Do

Regardless of whether your state currently mandates pay transparency, it is advisable to review and ensure that salaries are equitable and aligned with your company’s pay strategy. Developing a comprehensive pay strategy and updating pay ranges is recommended. Conducting a salary analysis and creating a structured salary framework, either internally or with the help of a third party, can be highly beneficial. Additionally, having a thorough communication plan to introduce the new salary ranges once the project is completed is essential.

Note: For informational purposes only. This is not legal advice.


To learn more about how Counter Point can help support your compliance needs, request a call today!

New Jersey RetireReady: What Employers Need to Know

According to a recent survey conducted by AARP, a concerning one in five Americans over the age of 50 have no retirement savings, and more than half (61%) worry they will not have enough money to support them through their golden years. 

To help private-sector employees in New Jersey save for retirement, the State has launched “RetireReady NJ”, a program created by the New Jersey Secure Choice Savings Program Act and signed into law in 2019. With the rising concern over the retirement savings gap, this program aims to provide more workers in New Jersey with access to retirement savings plans.

What does this mean for employers?

Employers with 25 or more employees, that have been in business for at least two years without offering a qualified plan, are affected by this program.

The State has announced implementation deadlines for the RetireReady retirement program as follows:

  • Businesses with 40+ employees must comply by September 15, 2024
  • Businesses with 25-39 employees must comply by November 15, 2024

The New Jersey Department of the Treasury oversees compliance–employers who fail to register may be subject to hefty financial penalties.

What should employers do?

Employers can access resources and support through the New Jersey Retire Ready NJ website. The site offers detailed information, guidance, and tools to help businesses comply with the mandates and educate employees about the benefits.

Although signing up with the RetireReady program will allow you to comply with these mandates and fast-forward your ability to provide a retirement program to your employees, it’s not your only choice.  

You have options when it comes to complying with the New Jersey state mandate! Counter Point works with leading companies that provide qualifying retirement and 401(k) programs. We’d be happy to connect you, so they can provide you with resources and guidance on what your business needs to do to comply. 

For more information or assistance with compliance, don’t hesitate to schedule a call or send us an email


The bottom line

The New Jersey RetireReady mandates represent a significant step forward in promoting retirement savings among employees. By providing access to retirement plans and encouraging savings, you can help your workforce prepare for a more secure and comfortable retirement!

Note: For informational purposes only. This is not legal advice.

Best Practices for Effective Job Interviews

According to a recent Forbes article, 42% of candidates decline job offers as a direct result of a bad interview experience. What’s causing the unfavorable experience? 45% of negative reviewers cited the interviewers and 52% noted the overall hiring process. 

When it comes to hiring new talent, the job interview process is crucial. It’s the key to finding the right person for the right role. A well-conducted interview can reveal a candidate’s skills, personality, and potential fit within your organization. It can also boost the odds of having the ideal candidate accept your offer.

Here’s how you can ensure your interview process is thorough, effective, and a positive experience for both you and the candidate.

1. Involve the Right People

One of the first steps in conducting an effective interview is involving the appropriate team members. Depending on the stage of the interview, different individuals may need to participate. For instance:

  • Screening Interviews: These initial interviews are often handled by the HR department or an outside recruiter. Their primary goal is to filter out candidates who do not meet the basic requirements for the role.
  • Formal Interviews: Typically, these are conducted by the hiring manager and the candidate. The hiring manager dives deeper into the candidate’s qualifications and compatibility with the team and company culture.
  • Second or Third-Round Interviews: At this stage, it can be beneficial to include colleagues, other staff members, or even executives. This approach provides diverse perspectives on the candidate and ensures that multiple stakeholders are involved in the decision-making process.

2. Put the Candidate at Ease

Creating a comfortable environment for the candidate can lead to a more honest and open conversation. Thank them for their interest and help them relax by starting with small talk or general company information. This applies to virtual meetings as well. Next, outline the key responsibilities and duties of the job early in the conversation. This clarity helps candidates understand what is expected of them and can guide their responses. 

When asking your questions, give the candidate ample time to respond, and avoid interrupting. This not only shows respect but also allows the candidate to fully express their thoughts and experiences. Encourage the candidate to ask questions as well, fostering a two-way conversation.

3. Prepare Questions in Advance

A structured interview process is essential for fair and consistent evaluation. Develop a specific set of questions that you ask all potential hires. This consistency enables you to compare candidates objectively and ensures that all applicants are evaluated on the same criteria.

In addition, a structured approach can protect your organization from potential allegations of discrimination in hiring. By having a standardized set of questions, you demonstrate that all candidates are given equal opportunity to showcase their abilities and qualifications.

4. Share Next Steps

Ending the interview on a clear and positive note is just as important as starting it well. Provide the candidate with a timeline for the selection process, including when they can expect to hear back from you. This transparency helps manage their expectations and shows respect for their time and interest.

Additionally, clearly outlining the next steps demonstrates your organization’s professionalism and can leave a lasting positive impression on the candidate. Even if the candidate is not selected, a well-communicated process can encourage them to reapply for future opportunities or recommend your company to others.


Conducting an effective job interview requires thoughtful planning and consideration. By including the right individuals, putting candidates at ease, preparing questions ahead of time, and clearly outlining the next steps, you create a structured and positive interview experience. This method not only helps you identify the best fit for your role but also enhances your company’s reputation as an attractive workplace.

To learn more about creating a positive recruitment experience, schedule a call with one of our HCM Consultants. 

New Federal Overtime Rules

Update: On November 15, 2024, a federal judge in Texas struck down the recently expanded overtime rule. In short, this reverses the changes that raised the threshold to $43,888 from $35,500 on July 1st and blocks the increase to $58,656 scheduled for January 1, 2025. If you previously adjusted employees’ salaries, it is recommended that you seek professional guidance before making adjustments.


The Fair Labor Standards Act (FLSA) recently introduced a new, final overtime rule, significantly impacting employers and employees, including making more salaried workers eligible for overtime.

In short, the new overtime rule mandates that exempt executive, administrative, and professional employees must be paid at least:   

  • $844 per week ($43,888 per year) beginning July 1, 2024 
  • $1,128 per week ($58,656 per year) beginning January 1, 2025 

Additionally, highly compensated employees must be paid on a salary basis and receive at least: 

  • $132,964 beginning July 1, 2024 
  • $151,164 beginning January 1, 2025 

These employees must meet the duties test and the salary level for the exempt status.  

Maintaining Compliance

Employers will need to devise a plan for how to address these changes to avoid FLSA violations. There are three main steps to take when determining a compliant course of action: 

  • Identify which exempt employees might be affected 
  • Calculate the hours worked by these employees 
  • Evaluate the options and decide how, and how much, these employees will be paid

Employees classified as exempt and earning less than $43,888 need to be identified. It’s important to include total incentive pay such as bonuses and commissions.

Employers must either:  

  • Increase their pay to $43,888 by July 1, 2024 
  • Reclassify them as hourly non-exempt and determine a new hourly rate on their current salary. They will be entitled to overtime pay 
  • Calculate a cost-neutral rate of pay for non-exempt employees as they will be entitled to overtime pay
  • Reclassify them as salaried non-exempt, paying them the same weekly rate for 40 hours or fewer and overtime for any additional hours over 40 in a workweek  

Coverage and Exceptions

The FLSA applies to employers with: 

  • At least two employees engaged in interstate commerce with at least $500,000 in gross annual business 
  • Hospitals, residential care facilities, or schools 
  • Public agencies 

Covered employees include those involved in interstate commerce, domestic service workers like housekeepers, full-time babysitters, and cooks, even if the employer isn’t a covered enterprise. 

The FLSA provides exemptions from the minimum wage and overtime provisions for employees in an executive, administrative, or professional capacity. The “White Collar” exemptions include:  

  • Salary Level Test 
  • Salary Basis Test 
  • Duties Test 

Exempt employees must be paid their full salary for any week they perform work and must meet the above criteria. 

Nonprofit entities, including religious organizations, are generally subject to the same rules. If these organizations engage in interstate commerce (such as ordering from Amazon), they must comply with the FLSA. 

For informational purposes only. This is not legal advice.


To learn more about how Counter Point can help support your compliance needs, request a call today!

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