Small Business News

Small Business Hawaii | Volume 23 Number 11 | November 1998

Second American Revolution | Legal Posting Requirements
The Tall Tax | Work Place Anger

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Time For the Second American Revolution

By Richard O. Rowland, Rowland & Alameida

The essential form of government for the sustenance of democracy in our U.S. republic is self-government.

Self-government cannot operate without the personal building, teaching and maintaining of good character. Good character cannot exist without thriving community rooted families, churches, self-help/ athletic/ hobby/ business/ social/ religious/ community improvement/ self-study/ helping hand organizations and clubs of all kinds.

The community is thus the third level of government after self-government and family government. These three are interdependent but cannot function without a sense of self-government by a preponderance of individuals.

Beyond those three levels of government, assuming they are in operation and health, the need for city, county, state and national government becomes increasingly irrelevant to the productive, self-governing citizen. That's why voter turnout is low. The average self-governing citizen does not relate to City Hall, the State house or the White House. Instead he relates to his own development (self-government is a big, difficult job), his productive work, his family, church and community interests. Beyond that there is little time or energy left to expend on those higher, less important, levels of government.

But the city/county, State and Federal governments take about 50% of her earnings. She earns $1000.00, pays $500 to irrelevance and then must sustain the meaningful levels of government (self/family/community) with the remainder. So she works harder and/or enters the underground economy. And she senses something is very, very wrong. But she is too tired to figure it out. She must prepare herself for the next tax increase.

Perhaps it is time for the second American Revolution.

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LEGAL POSTING REQUIREMENTS
FOR YOUR BUSINESS

By Helene Robin, HR2 Consulting

Do you have a small or medium size business? Do you have more than 1 employee? Do you have all the legal posting requirements? There has been some confusion for employers concerning the legal posting notice requirements under the State and Federal laws. Below is a list of some of the required postings that must be accessible to your employees.

1. Hawaii Workers Compensation, Temporary Disability Insurance and Prepaid Health Care Laws published by the Department of Labor and Industrial Relations and Disability Compensation Division. This law explains the 3 important laws, which directly concern all employers with 1 or more employees, working part-time or full time.

2. Notice to Employees - Under the Hawaii Wage & Hour Law - Minimum Wage. This posting informs employees that the minimum wage is $5.25 per hour effective 1/1/93. This law requires employers to maintain time records and prescribes various methods for computing overtime pay.

3. The Payment of Wages and Other Compensation Laws. Requires employer to:

* Pay all wages due at least twice a month on regular paydays designated in advance.

* Pay employees no later than 7 days after the pay period in cash or with checks convertible into cash.

* Pay employee's wages in full at time of discharge or no later than the next workday.

* Notify employees in writing or through a posted notice of any changes in pay arrangements prior to the time of such changes, and of any policies with regard to vacation, sick or holiday pay.

* Furnish employees with a pay statement at a payday showing gross wages, itemized deductions, net pay, date of payment and pay period covered by the payment.

4. Unemployment Insurance for Workers. Indicates where employees can file for unemployment insurance benefits.

5. Hawaii Occupation Safety & Health Safety Poster in the Workplace. Requires that all employers must provide a workplace free of hazards and must comply with the Occupational Safety and Health Rules and Standards.

6. Family Leave Medical Act (FLMA). Explains coverage under the Federal and State Laws for employers with 50 employees and more. Under the Federal laws, employees are eligible up to 12 weeks of unpaid leave in a 12-month period. Under Hawaii Law, unpaid leave is limited to 4 weeks per 12-month period.

7. The U.S. Equal Employment Opportunity Commission (EEOC) Notice. Enforces the federal laws that prohibit employment discrimination on the basis of an individual's race, color, religion, sex, national origin, age, or disability. Employers Covered by EEOC - Enforced Laws:

* Title VII of the Civil Rights Act of 1964 (Title VII) prohibits race, color, religion, sex, and national origin discrimination. Title VII applies to employers with 15 or more employees.

* Age Discrimination in Employment Act of 1967 (ADEA) prohibits age discrimination against individuals who are 40 years of age or older. Applies to employers with 20 or more employees.

* Title I of the American with Disabilities Act of 1990 (ADA) prohibit employee's discrimination against qualified individuals with disabilities. Applies to employers with 15 or more employees.

* Equal Pay Act of 1963 (EPA) prohibits wage discrimination between men and women in substantially equal jobs within the same establishment. Applies to most employers. All employees, including part-time and temporary workers, are counted for purposes of determining whether an employer has a sufficient number of employees. This posting may be obtained at the EEOC office.

The state posting requirements may be obtained at the Department of Labor & Industrial Relations office. They may be reached at 808-586-8842. Remember, you may be cited if you do not have any of the above postings.

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THE TALL TAX
By Ken Schoolland

As you may recall, we last left Jonathan Gullible on a remote Pacific Island after his boat was blown about by a terrific storm. As Jonathan entered a village he came across a woman who was groaning and walking on her knees.

J: Excuse me ma'am, why are you scraping around on your knees instead of walking on your feet?

W: Oooo! Just trying to adjust to the tax code, fella!

J: The tax code? What does the tax code have to do with walking?

W: Everything! Ow! The tax code has recently been amended to discourage tallness.

J: Why discourage tallness?

W: Would you please stoop over so I don't have to shout? That's better. Politicians decided that tall people have too many advantages.

J: Advantages for tallness?

W: Oh yeah! Tall people are always favored in hiring, promotion, sports, entertainment, housing, and even marriage! Oooo! So the officials decided to even things up a bit with a tallness tax.

J: So only tall people get taxed?

W: Well, people around here are taxed in direct proportion to their height.

J: Did the tall people object?

W: Only the tallest person. Everyone else is shorter than her, so she's the only one who didn't get a tax break. Ow! Well, there's also an exemption for politicians, because we all like to look up to them. But the rest of us can trim our taxes by walking on our knees-even the tallest person if she's willing.

J: You'll walk on your knees just to get a tax break?

W: Sure! Our whole lives are shaped to fit the tax code. There are some who have even started to crawl.

J: That hurts!

W: Yeah, but it hurts more not to. Ow! Only a fool would stand erect and pay the higher taxes. So, fella, better get on your knees like the rest of us or it'll cost you plenty.

J: And those folks in the park, why are they covering their eyes, ears, and mouths?

W: They're getting ready for the next series of taxes when the legislature comes back into session.

This has been another amazing episode in the adventures of Jonathan Gullible.

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HOW TO MANAGE WORKPLACE ANGER

By Suzanne Gelb, Ph.D., Psychologist

Job stress has been found to correlate with on-the-job violence. Our stress levels correspond to how we manage our emotions. Mismanaged anger can lead to conflict, depression, low productivity and violence. Let's learn to manage anger, so that our workday can be productive and enjoyable.

Factors that prompt people to "lose their cool" include domestic problems, changes at work, confrontation, intimidation, infighting and crisis. Although this negativity is rampant in society, and we cannot always control what happens to us, we are in charge of how we respond to negativity.

The phenomenon of burnout offers insight into the mismanaged anger epidemic. Burnout is more aptly described as burn up. The problem rarely lies with the job itself, rather, discontentment is often a result of interpersonal conflict (e.g., an employee believes that an authority figure is unfairly limiting his creativity and is enraged by this; his anger reaches boiling/burning point and he feels "burned up" by the job).

People in this type of situation typically fear their own rage, and do not know how to manage it. Some retort angrily; others apathetically suppress their anger, fear and grief, and feel burned up; they may withdraw and try to "get away from everything," thinking "what's the use? I'm not being paid enough for this!" Unfortunately they lose sight of what initially motivated them to get the job. This can lead to feelings of hopelessness, poor productivity, absenteeism (via excuses to stay away: calling in sick, car trouble, family illness) and depression.

The depression is often rooted in fear and guilt. For example, an employee feels guilty for being mad at her boss, but denies these feelings. The more she denies, the more guilt and anger she feels. This cycle can escalate to a point where "if I don't get out of here, I'm gonna hit someone!"

It is important to recognize that emotions are tools with which we design our behavior - natural anger for example, is a positive emotional response which motivates us to defend our interests, to move against obstacles (not people) and create change. However, if frustrations persist and anger builds, there may come a time when a person can no longer keep a lid on the "inner pressure-cooker" - an annoying situation then triggers suppressed rage which erupts via destructive behavior such as hostility and violence.

To curb destructive effects of mismanaged anger, offices should have a designated Anger Room where pent-up emotions can be safely discharged. If people could retreat to this room and express feelings, they could then resume work with a calmer outlook. It takes no more time to use an Anger Room than it does to punch a coworker or a wall! Otherwise, anger may be repressed only to possibly manifest later via physical and emotional stress.

The importance of maintaining emotional health is often underestimated - anger can and must be tended to, otherwise it may be difficult to stay calm during a storm, and irresponsible behavior may cause irreparable damage.

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Second American Revolution | Legal Posting Requirements
The Tall Tax | Work Place Anger

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