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Overtime Expansion Gets Heated as States Challenge Rule

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Overtime Expansion Gets Heated

Twenty-one states have filed a lawsuit in an attempt to halt the Department of Labor’s overtime expansion ruling. According to the complaint, the agency’s move to increase the salary threshold at which white-collar workers are eligible for overtime is unlawful, as it renders other statutory exemption requirements “virtually irrelevant.” A similar lawsuit was filed by a group of business representatives on the same day.

Details of the lawsuit

The lawsuit, filed in the U.S. District Court for the Eastern District of Texas, criticizes the Department for overstepping its boundaries in two main areas:

  1. Determining eligibility: The Department of Labor’s rule focuses on the salary of each worker; relegating the type of work that employee performs to a “secondary consideration.” Additionally, the lawsuit claims this act essentially impacts states’ budgets because of the need to pay overtime to a larger number of employees.
  2. Automatic updates: Those involved also take issue with the new rule’s provision to update the standard salary threshold every three years based on inflation, arguing that the department does not have the power to index or automatically raise the threshold.

It appears the suit is a last-ditch effort to block the rule from going into effect, as congressional resistance likely would be met with a presidential veto.

What employers need to keep in mind

In response to the suit, U.S. Secretary of Labor Thomas Perez said, “We are confident in the legality of all aspects of our final overtime rule.” And despite the filing of this lawsuit, the new rule is on track to take effect Dec. 1. With only 70 days for employers to prepare, employers should consider:

  1. Auditing their workforce. A proper audit would entail employers determine:
    • How many exempt employees they have making less than $913 per week.
    • Whether or not these employees pass the duties test for exempt status.
    • How much overtime these employees work.
    • How much that overtime would cost with the new rules.
  2. Evaluating their plan. Seeing the costs associated with pursuing different workforce restructuring tactics for individuals and groups of employees can help employers build potential cost-based strategies and ­­­see the companywide impacts they could have. Be sure to take a second look at your options using data from your time and attendance and payroll systems, because it potentially could save your organization big in the long run.

 

Paycom’s FLSA toolkit to the rescue

Ultimately, every company is different and will have to figure out the best path moving forward. However, the sooner you can get a plan of action in place, the easier it will be on your HR team and all of your employees. With Paycom’s new Labor Cost Analysis tool, you can help establish the most cost-effective and least disruptive plan possible.

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.

Affordable Care Act (ACA)

Trump Announces 2 Changes to ACA

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On Oct. 12, President Donald Trump ordered comprehensive changes to the nation’s health insurance system while also, in a separate move, ended health care subsidies for low-income Americans. The White House billed the decisions as relief to those suffering under the Affordable Care Act (ACA), while the opposition condemned these changes as actions aimed at undercutting the ACA.

Expansion of association health plans and short-term insurance

The executive order signed by Trump directs federal agencies to make it easier to set up “association health plans,” which are groups of small businesses that pool together to buy insurance. The order also seeks to broaden the definition of short-term insurance from three months to almost a year in duration.

By expanding both these types of plans, the administration expects insurance to be less costly than the plans sold on the state-based insurance exchanges, which provide more extensive coverage options. One concern, however, is healthy customers will jump out of the individual markets for cheaper plans, leaving sicker customers on the underwritten exchanges.

Health care subsidies to end

Trump also will end health care subsidy payments to insurance companies that used them to pay out-of-pocket costs for low-income people receiving coverage through the exchanges. The future of these payments have been in doubt for months – dating back to the Obama administration – because of a lawsuit filed by House Republicans. The lawsuit alleged the Obama administration was paying these subsidies illegally because Congress had never authorized the cost-sharing arrangement.

Until now, the Trump administration had continued the payments on a monthly basis. A group of state attorneys general has indicated it will sue to block the administration from ending these payments, which it claims will cause the individual markets to unravel.

ACA Awaits Repeal or Repair

What this means for employers

Neither of these changes is aimed primarily at employers subject to the ACA employer mandate, so clients using Paycom’s ACA services likely won’t see a direct impact to their obligations under the law. However, the tweaks indirectly could result in higher costs to employer-sponsored plans.

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 ACA, Blog, Compliance, Employment Law, Featured

Jason Hines

by Jason Hines


Author Bio: Jason Hines is a Paycom compliance attorney. With more than five years’ experience in the legal field, he monitors developments in human resource laws, rules and regulations to ensure any changes are promptly updated in Paycom’s system for our clients. Previously, he was an attorney at the Oklahoma City law firm Elias, Books, Brown & Nelson. Hines earned a bachelor’s degree from the University of Central Oklahoma and his juris doctor degree from the Oklahoma City University School of Law, where he graduated cum laude. A fan of the Oklahoma City Thunder, Hines also enjoys exploring the great outdoors with his wife and daughter.

EEO-1 Pay Data

EEO-1 Pay Data Requirements on Indefinite Hold

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The EEO-1 report is changing once again. Recently, the new pay data and hours worked requirements announced last year were suspended indefinitely by the Office of Information Regulatory Affairs. While employers will report Equal Employment Opportunity (EEO) information in a familiar format, they need to be aware of key date changes.

3 important changes

The biggest change to the report is the suspension of the requirement to report pay data and hours worked. For 2017, employers will report in the prior 2016 format, which only collects data on race, ethnicity and gender by occupational category. When the new EEO-1 requirements were announced by the Obama administration last year, the 2017 reporting deadline was moved from Sept. 30, 2017, to March 31, 2018.

According to an Equal Employment Opportunity Commission (EEOC) statement, “the previously approved EEO-1 form which collects data on race, ethnicity and gender by occupational category will remain in effect. Employers should plan to comply with the earlier approved EEO-1 (Component 1) by the previously set filing date of March 2018.” Additionally, the previously approved “workforce snapshot” period of Oct. 1 through Dec. 31 will remain in effect. Therefore, employers must submit reports based on a payroll period within that time frame.

Summary of the changes:

  • The deadline to file EEO-1 reports for 2017 is March 31, 2018;
  • Reports must be based on a payroll period in October, November or December of 2017; and,
  • Employers may use the same EEO-1 form used in 2016.

The EEOC has not yet fully updated its website to reflect this new information, but the home page provides some explanation.

Pay data requirement gone?

The pay data and hours worked requirements simply have been suspended. Until the Office of Management and Budget (OMB) completes its review of the rule, their future is unclear. The OMB is concerned that some aspects of the revised rule “lack practical utility, are unnecessarily burdensome, and do not adequately address privacy and confidentiality issues.” The acting chair of the EEOC, Victoria Lipnic, has been vocal with her opposition to the pay data requirement, which she voted against when it was initially proposed.

Although the EEO-1 report appears to be ditching the pay data requirement, state governments may step in to fill the void. Under a proposal in California, employers in the state with more than 500 employees would be required to submit information to the Secretary of State on gender wage differentials. Although this measure has not been signed by the governor, employers should monitor this legislation, which would go into effect in 2019.

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.

Tags: , ,
Posted in Blog, Compliance, Employment Law, Featured

Jason Hines

by Jason Hines


Author Bio: Jason Hines is a Paycom compliance attorney. With more than five years’ experience in the legal field, he monitors developments in human resource laws, rules and regulations to ensure any changes are promptly updated in Paycom’s system for our clients. Previously, he was an attorney at the Oklahoma City law firm Elias, Books, Brown & Nelson. Hines earned a bachelor’s degree from the University of Central Oklahoma and his juris doctor degree from the Oklahoma City University School of Law, where he graduated cum laude. A fan of the Oklahoma City Thunder, Hines also enjoys exploring the great outdoors with his wife and daughter.

Employee Experience

The Winning Workforce Equation

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The term “the employee experience” is thrown around frequently in HR today. It’s not the same as “employee engagement,” another well-known industry buzzword. With trends evolving at such a rapid pace, what is this new concept that’s making waves in the industry?

Looking for a deeper dive into the employee experience? Check out the HR Break Room podcast episode, “Happy Employees = Happy Customers: The Equation for a Winning Workforce” with author Jacob Morgan.

According to the author of The Employee Experience Advantage, Jacob Morgan, the employee experience is the sum of a worker’s experiences, good or bad, during his or her term of employment at an organization. A business can enhance that experience by addressing and influencing the elements of culture, technology and physical space. He calls the combination of these three things, “the employee experience equation.” As Morgan said, “When you invest in the employee experience, you’ll start to notice an engaged workforce. And an engaged workforce will deliver business outcomes.”

Culture – a side effect

A healthy corporate culture is one of the three critical pieces of a great employee experience. Employees spend a significant amount of their lives at work, which makes the atmosphere and community of the organization essential. When people spend 40 hours a week of what Morgan calls “prolonged exposure” in the workplace with their peers, certain company ideas and attitudes are all but contagious. A healthy culture can promote a fun environment, hard work ethic and cohesive teamwork. On the flip side, an unhealthy culture can promote stressful work, toxic drama and a “business first, people second” environment that inevitably will lead to high turnover.

It is important to remember no organization can have a truly “perfect” culture; the trick is to create your ideal culture by ensuring your organization’s core values align with the people you want to see in your organization.

Technology – supports employee growth

As the central nervous system of your organization, technology will continue to power the future of work. The employee experience is only possible because of the communication and collaboration available through today’s technology. Without advances such as applicant tracking systems or messenger apps, a business cannot have an optimal recruitment or talent-tracking process, or real-time feedback or recognition. Technology empowers everything when we think about the future of work: your people and your business needs.

Organizations that don’t invest in technology will find that the human aspects surrounding it will start to break down. Investing in technology ensures your employees have all the tools they need to succeed and grow.

Space – a symbol

Whether a corporate headquarters, coffee shop or home office, everybody works in a physical space, the last critical piece to the equation. The physical workspace is also a symbol that represents your organization, and as technology continues to evolve, leading companies are creating incentives to bring employees back to the office. Creating a vibrant, technological workplace connects your employees’ sense of belonging and purpose to their jobs.

The employee experience is the next future investment for organizations dedicated to workforce happiness. Ensure your employees’ well-being by taking the first steps in your organization by opening communication in these three key areas: culture, technology and physical space.

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Posted in Blog, Employee Experience, Featured, Talent Management

caleb.masters

by Caleb Masters


Author Bio: Caleb is the host of The HR Break Room and a Webinar and Podcast Producer at Paycom. With more than 5 years of experience as a published online writer and content producer, Caleb has produced dozens of podcasts and videos for multiple industries both local and online. Caleb continues to assist organizations creatively communicate their ideas and messages through researched talks, blog posts and new media. Outside of work, Caleb enjoys running, discussing movies and trying new local restaurants.

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