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Overtime pay laws are changing, are you ready for them?

(EMPLOYMENT) The Department of Labor announced new laws for overtime pay; it’s definitely not too soon to make sure that you are ready for the change.

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This past September, the Department of Labor announced new laws for overtime pay. These laws take effect on January 1, 2020; so it’s definitely not too soon for your company to take a look at your employees’ salaries and make sure that you are ready for the change.

As you probably already know, the Department of Labor requires employees who make a certain salary to be paid at 1.5 their normal hourly rate any time they work more than 40 hours in a week. This most recent change has reset the minimum salary for exemption from overtime pay laws to $646 per week or $35,538 annually. If an employee makes less, you are legally required to pay at the 1.5 overtime rate if they work more than 40 hours in any given week.

This is the first change in the exemption minimum since 2004. In 2016, the Obama administration attempted to raise the minimum to $47,476, but this was struck down by the court. However, this most recent change is based on the 20th percentile of salaries, which is exactly how the Department of Labor made the calculation in 2004. Because the Department of Labor used the same method to calculate the new minimum, it is unlikely to face an opposition from the court.

The Department of Labor estimates that 1.2 million employees will become eligible for overtime pay under the rule change. Most likely to be affected are workers who put in a lot of hours for a low salary, such as managers of shops and restaurants, people who work for nonprofit organizations or political campaigns, and even some part time workers.

Suzanne Lucas at Evil HR Lady breaks down the details of the eligibility requirements, and provides great tips for businesses to make sure they are ready to comply with the new rule change as of January 1.

She recommends reviewing every employee who currently isn’t eligible for overtime to figure out whether or not they will become eligible under the new law. If a newly eligible employee is paid a salary rather than an hourly wage, you will need to divide their annual salary by 2080 (that’s 40 hours per week for 52 weeks in the year) or divide their weekly paycheck by 40 to discern the hourly rate. The employee will need to start tracking their weekly hours, and if they work more than 40, you will be required to pay them at a 1.5 rate. If the employee rarely works extra hours, their paycheck won’t change much; but if they do, you’ll end up paying them more each week than you did before.

If you know your employees work a lot of extra hours, you do, legally, have the option of lowering their hourly wages (as long as it’s above minimum wage) so that the combined overtime pay adds up to a comparable annual salary. However, this will mean your employees will take home smaller checks than before, which Lucas warns could be quite “demoralizing.” After all, the point of the rule change is to make sure that more employees get fairly compensated for all hard work they do above and beyond the minimum.

Lucas also points out that these are changes in the federal law, which sets a nationwide minimum. However, some states, such as California, already have a higher salary rate for exemption; if this is the case in your state, your payroll may not be affected. She also helpfully notes that since January 1 falls on a Wednesday, which is likely mid-pay cycle, it might be less confusing if you implement any changes in wages the week before.

Ellen Vessels, a Staff Writer at The American Genius, is respected for their wide range of work, with a focus on generational marketing and business trends. Ellen is also a performance artist when not writing, and has a passion for sustainability, social justice, and the arts.

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Business Finance

6 questions to ask when considering a startup accelerator

(BUSINESS FINANCE) Accelerators can help change startups from unknowns to leaders in the industry, but does your startup need one? And if so, which one?

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When I’m advising startups, I often hear the question: “which accelerator is the best fit for me?” (Besides the obvious YC or Techstars.)

First off, I’ll ask if your company would benefit from an accelerator, or if you need to pursue something for early early stage companies before you achieve more market validation, like an incubator. (Side note: If you’re curious about incubators, here is a comparison of the two.)

If you’re new to these terms, here’s a brief recap on startup accelerators:

Startup accelerators are for companies with established co-founders and market validation – companies can be anywhere from pre-revenue/self-funded, or even have raised at least $1M.

Most programs can last anywhere from 10 weeks to 3-4 months. With many top accelerators like YC and Techstars, you’ll be expected to move to the city where it’s hosted and spend 40+ hours a week minimum in their dedicated coworking space, and several accelerators will often offer housing stipends to make the move easier. These programs typically conclude with a demo day to pitch your product to a variety of community leaders, angel, and institutional investors.

If your product has achieved market validation and is in a place where you’re ready to scale, congrats!

Before you commit to an accelerator, ask yourself and the program these six questions:

1. What kind of mentorship is available?

By and large, one of the most valuable portions of an accelerator is the networking with peers and mentors. Ask what kind of mentors are available to you as a part of a program, and ask their specific involvement and the opportunities to connect. These mentors will be crucial in guiding your company’s growth. Even if they aren’t in the same industry or have solved a similar problem that your company is trying to achieve, their advice and connections could prove to be invaluable.

2. What are the perks?

You’re giving up a lot of equity to be in a program, but it doesn’t come without its perks. Many programs offer not only a cash investment or stipend for housing or other growth costs, but programs like Techstars offer free services such as web hosting costs (an upwards of ~250k), legal and accounting services, and other credits and perks that can be worth 6-7 figures. Make sure you know what you’re getting before you say yes to a program.

3. Do I want an industry-specific or industry-agnostic program?

This one is important and is directly related to #2. If your company sells CPG products, web hosting credits may not be valuable to your business, but a CPG-specific accelerator like SKU or The Brandery with direct connections to Sephora, Target, and Whole Foods may make more sense.

4. How much equity am I willing to give up?

Try not to make this a guessing game and make as many data-driven decisions on this as you can. Create a revenue and valuation model and see how much your company would benefit from the networking, fundraising opportunities, and perks offered, and see what the ROI would potentially be.

5. What are the funding and exit numbers?

This is an objective way to view the success of an accelerator: # of funding raised and exits. Of course, younger accelerators will have smaller numbers, but it’s worth looking to see if a company has raised $ after. Seed-DB is a great resource to view these numbers for hundreds of accelerators globally.

6. What do alumni think?

All accelerators are going to tout the transformative experience that is their program, and program mentors will likely have a similar narrative.

The best resource to learn the real experience of an accelerator: ask its alumni, and they’ll give you the truth. Make sure to survey both recent and more experienced alumni, as they’ll be able to speak to both the short term and long term benefits.

Personal experience: the night before I was set to hear from an accelerator on my application status, two alumni stressed to me that the time and equity investment wasn’t worth it. I consider this providence!

Finally, two items to note:

Choosing an accelerator is all about finding the right fit between you and the organization. Sadly, not all accelerators are created equal, and try to view a potential relationship with an accelerator as an investor relationship, or better yet, dating. There’s a reason the phrase “no money is better than bad money” is prevalent in the startup community.

Make sure to do your due diligence and ask the right questions to make sure a specific program is worth the investment of time, energy, and equity.

And sometimes? That may not mean an accelerator is a right fit right now or at any point, and that’s okay.

This editorial first appeared here in November 2019.

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Business Finance

Freelancers: How to get away from billing hourly

Working as a freelancer isn’t easy. Despite the hard work, many professionals choose this route in order to escape the daily grind of working for an hourly wage. Why, then, do clients still insist that freelancers charge them by the hour?

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Working as a freelancer isn’t easy. Despite the hard work, many professionals choose this route in order to escape the daily grind of working for an hourly wage. Why, then, do clients still insist that freelancers charge them by the hour?

You became a freelancer to get away from the mindset that each hour of your time is worth a certain number of dollars. So if you are still billing your clients an hourly wage, you may want to seriously consider shifting to value-based billing.

Robb Eng, a senior marketer and writer for Web Design Ledger, provides some valuable advice for freelance web designers, but his tips hold up for any freelancer who would like to get free from “the trap of trading hours for dollars.”

First, Eng describes some of the problems with billing by the hour – and if you’re already doing it, these should sound familiar to you. For starters, each job requires a number of different skillsets. Some parts of the job require intense concentration and all your years of experience and education. Other parts any amateur could do in their sleep.

Averaging these disparities out into an hourly wage is tricky – and billing different rates for different tasks is far too burdensome.

Besides being confusing and inconvenient, the biggest problem with hourly billing is that it causes the client to focus too much on how fast you can deliver the task, rather than how well.

That’s why it’s so important to shift the paradigm to one of “value-based billing.” As a freelancer, you must show the client the value of your services – in other words, how they will benefit the business. Eng gives an example of a website redesign that could increase profitability by $100,000. When you think about the total value your work will bring to the business, suddenly charging $10,000 or $20,000 looks like only a small fraction of the total value you are providing.

When you asked to be paid relative to the total value you are providing from the business, it changes your role from wage worker to co-collaborator.

Instead of stressing about the bottom line, you are working together with the client to maximize profit for both parties.

To convince hourly billers to switch to value-based billing, you may have to ask some questions. As much as possible, get an idea of the quantifiable goals of the project. How much will the project increase profit, lead generation, or conversions? Try to charge between 10 and 20 percent of the value you’ll be providing for the client.

Next, offer a few different price plans, because people love options. You can charge a flat rate for each service, a monthly or yearly rate for ongoing maintenance, or you can provide several tiers of services at different rates.

Of course, before you get to these steps you’ll need to find out if your client is open to value-based billing. If not, consider walking. If so, be sure to maintain positive relationships. Nothing adds value to a job like a trusting relationship.

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Business Finance

Is the convenience of payment apps worth the risk of fraud?

(FINANCE) Peer-to-peer payment apps like CashApp and Venmo are quick and convenient – for users and scammers alike. What are Square and PayPal doing to help?

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CashApp open on phone one of payment apps susceptible to fraud.

More and more people are using peer-to-peer payment services, like Square’s Cash App and PayPal’s Venmo, to make purchases, handle their banking, or just to pitch in on the pizza you and your friends had delivered last night. These payment apps have been particularly useful for folks who may not be able to afford bank fees or have other barriers preventing them from accessing a bank account.

That’s because they are very easy to set up, requiring nothing more than an email address or phone number. Even folks with bank accounts are using these payment apps more as folks are trying to stay home and reduce their in-person contacts during the COVID-19 pandemic. The number of daily users on Venmo has grown 26% since last year.

While these apps bring a lot of convenience to our lives, they have also made running scams more convenient for cybercriminals. According to experts, the rate of fraud on Venmo and Cash App is three to four times higher than with credit or debit cards. While PayPal and Square don’t provide statistics about scams, there are some telling signs. The New York Times and Apptopia, a mobile services tracking firm, found that the number of users mentioning frauds or scams in Venmo customer reviews had increased by four times in the past year.

It seems that Cash App has the most fraudulent activity, with the Better Business Bureau reporting twice as many complaints about Cash App as Venmo, even though Venmo has more users. Zelle has a better track record when it comes to fraud, most likely because it requires a more thorough authentication process when setting up an account. It also has better legal protections for folks who have been scammed.

Some of the things that make these payment apps so quick and easy are exactly the reasons it’s so easy to scam users. The instantaneous payments mean that there’s not much of a vetting process, and not much time to catch a fraudulent transaction before it’s too late. Because you only need an email address or phone number to set up an account, it’s easy for criminals to set up dummy accounts for running scams.

Other scams have been facilitated by the marketing choices of the companies. For example, Cash App regularly runs a Cash App Friday promotion, in which users are rewarded for sharing their username, or $Cashtag, on social media. Unfortunately, this has essentially created a Rolodex of potential victims for criminals.

Square and PayPal are doing what they can to address the problem. Lena Anderson of Square says that they are “aware that there has been a recent rise in scammers trying to take advantage of customers using financial products, including Cash App. We’ve taken a number of proactive steps and made it our top priority.”

One “proactive step” Square has taken is to roll out a customer service phoneline, not only to make it faster and easier for customers to vet potentially fraudulent transactions or report scams, but also because scammers have been creating fake customer service phonelines to target users and collect their personal information. The phoneline is currently available to only some customers, but Square plans to scale it up to be available for all users over time.

Until these companies come up with more robust security systems, there are several things you can do to avoid scams. While you might get a cash bonus from Cash App, it’s probably not worth it to share your $Cashtag on social media. Only share your username with people you know. Never share your personal or banking information with strangers. Examine all transactions carefully. Some scammers are stealing money by making a payment request from an account that looks legitimate, but may have a slightly different spelling or one-letter change in the name.

No legitimate agents of these services should ever ask you for your sign-in code, or to download software, and you shouldn’t click on any links in messages promising cash prizes. Never send small payments in exchange for a promised reward – if it sounds too good to be true, it’s probably a scam. Don’t use digital payment apps to pay for or receive payment from sales on Craigslist, Offer Up, or Facebook Marketplace.

If you think you’ve been scammed, changed your PIN number immediately and contact the company and/or the FTC.

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