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How the Results of the Presidential Election Could Affect Overtime Expansion

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Updated November 23, 2016: Federal judge in overtime expansion hearing issues ruling; delays the compliance deadline for the rule. To learn more, click here.

With new leadership headed for the White House in 2017 and a pending court date set, you may be wondering what the future holds for the Fair Labor Standard Act’s overtime expansion rule.

Ultimately, no one can predict exactly what will happen; however, the general consensus is: Although the compliance deadline may be delayed, employers should continue to prepare as if the rule will go into effect on Dec. 1, 2016.

Recent efforts made to block overtime expansion

Two recent lawsuits have been filed by states and business groups in the U.S. District Court for the Eastern District of Texas.

On Sept. 20, 2016, 21 states filed a lawsuit in the District Court against the U.S. Department of Labor. On the same day, with the same court, over 50 business groups collectively filed a similar lawsuit.

On Oct. 12, 2016, the states filed an emergency motion for a preliminary injunction request. This motion essentially asks that overtime expansion not go into effect until case issues have been resolved.

A week later, on Oct. 19, 2016, the District Court Judge Amos Mazzant III – an Obama appointee – combined the lawsuits brought by the states and the business groups, who had asked the court for an expedited decision in their case. The court set a hearing for Nov. 16, 2016 to address the injunction request and decide whether the new rule will go into effect on Dec. 1, as planned. After the hearing, Judge Mazzant did not make a decision, saying instead that he will consider each side’s arguments and issue a ruling Tuesday, Nov. 22.

How the presidential election could impact those efforts

Taking all factors into consideration, including the likelihood that a Republican Congress and administration will likely attempt to overturn or reshape the rule, it’s possible the court could grant the injunction, which may delay the compliance deadline.

However, this potential delay does not necessarily mean the rule and its implications for employers would be undone. According to the Society for Human Resource Management, on Aug. 12, 2016, President-elect Donald Trump said that he favors a small-business exemption, meaning that employers could have to comply with a modified form of the rule.

Need a refresher on the Department of Labor’s Overtime Expansion Rule?

It’s also important to note that while the Obama Administration has promised to veto any efforts to repeal the rule, it’s likely that after January 20, 2017, the Republican controlled Congress would work with the Trump Administration to draft an agreeable modification of the rule. It’s also possible that the rule could remain intact if FLSA Overtime Expansion reform is not prioritized under new Washington leadership.

Again, while no one can predict what will happen, the common agreement is although it’s possible the compliance deadline will be delayed, employers should remain on course to achieve compliance with the rule by Dec. 1, 2016.


DISCLAIMER: The information provided in this blog is for general informational purposes only. Accordingly, Paycom and the writer of the above content do not warrant the completeness or accuracy of the above information. It does not constitute the provision of legal advice, tax advice, accounting services, or professional consulting. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal or other professional services.

Amy Double

by Amy Double

Author Bio: Amy, a tenured professional in sales and marketing with over 10 years of experience, is dedicated to creating content focused on helping organizations achieve their business goals. As an experienced writer, Amy is committed to researching and blogging about topics that affect businesses across multiple industries, including manufacturing, hospitality and more. Outside of work, Amy enjoys reading, entertaining and spending time with family.

Unconscious Bias

3 Steps to Prevent Unconscious Bias in the Interview Process

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You do it. I do it. We all do it.

No, I’m not talking about converting oxygen into carbon dioxide – although you may need to take a deep breath before reading further. I’m talking about that unquestionably human habit of prejudging someone or something, whether in a positive or negative light.

That little prejudge is known as unconscious bias. Most people harbor some bias, although they may not realize it. For employers, unconscious bias can cause big trouble if interviewers unfairly favor or dismiss a candidate during the hiring process.

According to Harvard Business Review, when interviewers without standardized questions are left to decide which candidate to hire, their decisions tend to be subjective and unconsciously influenced by fixed thoughts on race, gender and ethnicity. Considering the strict regulations set forth by the U.S.  Equal Employment Opportunity Commission (EEOC), interviewers can get into hot water quickly, without even realizing they’re doing something wrong.

To help avoid risk, empower your hiring managers to follow these three steps.

Introduce performance-based questions

As the great equalizers, performance-based questions center on what employees must do to be successful in their roles. This includes questions to assess how they have addressed challenges in other roles, and hypothetical questions to judge how candidates would approach the challenges your company faces. The trick is to ask each candidate the same questions so you have a fair assessment.

If you’re wondering what a performance-based question sounds like, here’s an example: “Thinking about a time in which a project didn’t go as planned, what actions did you take to correct it as quickly as possible?”

Measure applicants’ answers

Performance-based questions are worth nothing unless you have a system to compare applicants’ answers. Next, you’ll want to compare their responses with something called a standardized rubric. Using a rubric means everyone involved in the hiring process agrees on what the important questions are and what an excellent answer would be. Without it, comparisons simply are not apples-to-apples. You easily can create a rubric by asking those who already perform the role what success looks like.

Train your staff

Finally, train your staff to recognize and counter biases during the hiring process. This is especially important when multiple interviewers screen for an open position. Make sure everyone knows to take good notes so they can compare candidates’ answers with the rubric. It’s important that everyone involved is on the same page, especially with which elements indicate future success.

Eliminating unconscious bias in the interview process is hard, especially when multiple parties are involved. That’s why it’s critical to factor performance-based questions into the equation, making it much easier to focus on candidates who possess the right skill set for the position at hand.

Learn more by downloading our free e-book, Discover What Your Front-Line Managers Need to Know About Hiring, Diversity Inclusion and EEOC Compliance.

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Disclaimer: This blog includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal problems.

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Posted in Blog, Compliance, Employment Law, Featured

Monica Johnson

by Monica Johnson

Author Bio: As Paycom’s client marketing specialist, Monica Johnson utilizes a mixture of marketing and human capital management knowledge gained from years of industry experience. A graduate from the University of Central Oklahoma, Johnson has been with Paycom since 2013 and has served in numerous roles during her career with the company. In her spare time, she enjoys baking, exploring Oklahoma City and sipping coffee, while reading a good book, at one of her favorite local shops.

June 1: National Doughnut Day

5 Offbeat Holidays to Celebrate at Work … and Boost Employee Engagement

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Halloween, Thanksgiving and the “holiday season” all fall in the fourth quarter, meaning the last three months of the year are jam-packed with celebrations and events, not only in your employees’ personal lives, but likely in your workplace as well.

But that festive atmosphere doesn’t have to fall only when the leaves do. Thanks to little-known holidays or theme days, you can easily discover things to celebrate throughout the year with your team. In fact, businesses may see benefits by doing so.

Impact on morale

Gallup found that 51% of employees who have a close work friendship consider themselves engaged, while 75% who have a best friend at work said they plan to be employed at their current company one year from now. Furthermore, those reporting having best friends at work were found to have higher levels of health stress management, even though they experienced the same stress as those who did not have good friends at work.

Building time for your team members to get to know each other and strengthen relationships is clearly good for morale, which is good for business. So how can your employees really get to know each other? With your help. Celebrating holidays or theme days year-round gives your employees opportunities to build connections with each other without the extra stress the traditional holiday season often brings.

Bonus tip: Get leadership involved! If employees see their managers skipping the events to stay at their desks, they’ll feel like they shouldn’t participate, either. Make sure to get buy-in from everyone and clearly state the beneficial impact of engagement.

Start with these

You can give your employees something to look forward to every year if they know your business makes a regular workday a day to celebrate something small. Start a tradition that’s unique to your company. Here are a few holidays that might be right for your organization to celebrate.

Jan. 26: Fun at Work Day

Make this day one your employees won’t want to miss! Maybe you bring in food trucks for lunch or schedule a team-building activity at a local place that holds corporate events and specializes in team-building (like cooking or painting classes). For extra fun, keep the day’s activities a surprise and try to do something different every year.

March 14: National Pi Day

What better way to commemorate 3/14 by holding a bake-off with a trophy for the office’s best pie? The winner can keep the prize on his or her desk and have bragging rights for the year.

April 26: Take Your Sons and Daughters to Work Day

Every organization may not be able to have an event like this during the workday. If not, you could organize an event after work as an open house to encourage employees to share with their children what they do. It also will give your employees an opportunity to introduce their families to each other without having to wait for your holiday part. Plus, it’s never too early to start recruiting.

May 4: May the Fourth Be With You

Named for sounding similar to a catchphrase from a super-popular movie franchise, May 4 is a fun “holiday” to recognize at the office, particularly if you know you have fans of the galactic saga. You might organize a costume contest or perhaps play one of the films in the company cafeteria or a conference room.

June 1: National Doughnut Day

This one’s pretty easy: Buy doughnuts for your staff. Take a midmorning break and enjoy them together. Maybe spring for some coffee or bagels, too.

You can keep track of holidays like these, as well as critical HR and compliance deadlines, by downloading our free digital 2018 HR & Payroll Calendar.

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Posted in Blog, Employee Experience, HR Management

Callie Johnson

by Callie Johnson

Author Bio: As a writer for Paycom, Callie Johnson creates content for the company’s various marketing and communications initiatives. Having earned her bachelor’s degrees in journalism from the University of Oklahoma and web design/development from Full Sail University, she has written for companies of all sizes. Outside of the office, she enjoys hand-lettering, going to the movies and spending time with her family and dogs.

2018 Form W-4 Changes Employees Should Consider

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Ever since President Trump signed the Tax Cuts and Jobs Act (TCJA) into law last December, payroll professionals have been anticipating an updated IRS Form W-4. After issuing new federal income tax withholding guidance in January as a result of the TCJA, the IRS released the 2018 version of Form W-4, Employee’s Withholding Allowance Certificate, on Feb. 28.

The 2018 Form W-4 has been implemented in the Paycom system.

Interim guidance

The IRS previously released Notice 2018-14, which provided guidance on the usage of the existing 2017 version of Form W-4. Among other things, this notice:

  • extended the effective period of the 2017 version for purposes of claiming exemption from withholding temporarily until Feb. 28, 2018
  • described the procedures employees may claim exemption from withholding for 2018 using the 2017 Form W-4
  • temporarily suspended the requirement that employees must furnish a new Form W-4 within 10 days of changes in status that reduce withholding allowances they are entitled to claim
  • allowed employees (including newly hired employees) to use the 2017 Form W-4 to update their withholding allowances until 30 days after the 2018 Form W-4’s release (March 30)
  • stated that employees who furnish new Form W-4s using the 2017 version do not need to furnish a 2018 Form W-4 after it is released


Changes to consider

Solely due to the changes passed in the TCJA, the IRS is not requiring employees to submit a 2018 Form W-4 to their employer, although they may if they choose. However, substantial changes have been made to the worksheets associated with the 2018 Form W-4, so employees should consider how the new rules will affect their specific tax and withholding situation when making the decision.

Despite the TCJA’s removal of personal exemptions from year-end income tax calculations, Form W-4 still includes a Personal Allowances Worksheet. Its credits section has been revised to allow for:

  • the increased child tax credits as adjusted for income
  • adjustments for credits claimed for other dependents
  • a new line for “Other credits” that will be calculated by the employee using a worksheet found in the 2018 version of Publication 505 (yet to be released)

Additionally, the form’s Deductions and Adjustments Worksheet has been revised to adjust for the new values for standard deductions, as defined by the TCJA, while the Two-Earners/Multiple Jobs Worksheet contains updated wage brackets in the tables used to calculate allowances depending on multiple job households.

‘Paycheck checkup’

To help employees see the differences that completing a 2018 Form W-4 will affect their take-home pay, the IRS released an updated Withholding Calculator online.

The IRS encourages all employees use it to conduct “a quick ‘paycheck checkup’” and use the information it returns to determine if they would like to adjust their withholding. These values can be entered by the employee directly into Paycom’s Employee Self-Service tool to complete a new Form W-4.

Disclaimer: This blog includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal problems.

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Posted in Blog, Compliance

Author Bio: Robert Barclay has been the Tax Research Team Lead at Paycom since 2012, and has been instrumental in such company projects as the development of its Affordable Care Act compliance product, implementation of geolocation services and redesign of Form W-2. He joined Paycom in 2011, bringing more than 20 years of experience with the capital markets consulting practices of Ernst & Young in Memphis, Tenn., and Birmingham, Ala.; and Causey Demgen & Moore in Denver, Colo. A native Oklahoman, Barclay is a graduate of Rhodes College in Memphis, where he played football as linebacker.


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