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Taking that second look at your overtime expansion plan.

Why Your Overtime Expansion Plan Is Worth a Second Look

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Why Your Overtime Expansion Plan Is Worth a Second Look

The U.S. Department of Labor’s overtime expansion rule is expected to go into effect on Dec. 1, requiring employers to meet an increased salary threshold, which — for most exempt employees — renders them ineligible from receiving overtime pay. Although the Fair Labor Standards Act (FLSA) impacts almost every business and business owner nationwide, some employers may believe that simply cutting a few hours will help them avoid increased labor costs and noncompliance penalties under the new rule.

But, because the salary threshold’s increase is so dramatic, the law is complicated and the consequences of noncompliance can be devastating, many businesses could require huge changes to stay in line.

Some of those changes may include:

  •  Tracking overtime and catch-up payments per the new 10 percent provision
  • Creating and communicating policies to newly nonexempt employees on how to utilize their mobile phones to track work completed after hours
  • Empowering managers to recognize noncompliance risk in everyday situations

What’s more, it only takes one employee filing a claim with the Department of Labor to have just cause for investigation.

In 2015, a record 8,954 FLSA cases were filed. While many audits are initiated by employee complaints, the U.S. Department of Labor’s Wage and Hour Division (WHD) can choose to conduct an investigation into a company’s timekeeping and payroll practices at any time. According to the WHD’s website, “in the fiscal year 2015, more than 42 percent of investigations were agency-initiated, up 35 percent from just six years ago.”

 

Large-Scale Pushback

As the compliance deadline for the new overtime rule draws near, states are growing apprehensive of the rule’s sweeping impact. In fact, in September, 2016, 21 states came together to file a lawsuit against the Department of Labor.

According to an article in The National Law Review, the crux of the states’ argument is that the new rule will cause state and local governments to incur increased labor costs that would decimate their budgets.

Despite the states’ push back, employers are encouraged to continue preparing for the Dec. 1 deadline.

 

Don’t DIY

It is crucial that businesses take a second look at their overtime expansion plan to avoid the costly consequences noncompliance could bring. A few guiding questions to get your business started might be:

  • Are all your job descriptions and company policies up-to-date?
  • Can you provide proof of exemption for every employee classified as exempt?
  • Could you accurately report three years’ worth of employee wages with confidence that everyone was paid correctly?
  • Are your managers trained to recognize and avoid noncompliance issues regarding overtime?

 

Companies need a trusted ally to help them remain compliant. With Paycom’s Labor Cost Analysis tool, businesses can find the most cost-effective plan for their unique situations. This, combined with powerful human capital technology such as document management, time and labor management and training tools, can help you lessen the impact overtime expansion has on your business and your people.

The right tools and plan help ensure the changes your business employs are smooth instead of stressful. All it takes is a second look.

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.

 


Katy Fabrie

by Katy Fabrie


Author Bio: Katy Fabrie is a Marketing Specialist at Paycom where she assists with executing integrated marketing campaigns. With extensive experience in both writing and research, Katy enjoys crafting content that helps HR professionals develop strategies to reach their goals. Katy has created both digital and printed content for a myriad of local and national companies, and she enjoys continually expanding her HR knowledge base. Outside of work, Katy enjoys reading, running and spending time with her husband, Colby, and dog, Fox.

Veterans

8 Ways Veterans Improve Your Workforce

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Is your recruiting team actively seeking veterans to fill your open positions? If not, you could be missing out on an unbeatable combination of skills and experience. Not only are military personnel often cross-trained in a variety of useful skills, but they also have invaluable experience that can benefit your organization. The available Work Opportunity Tax Credit even provides a federal tax incentive for companies that hire eligible veterans.

I know firsthand the value that veterans can bring to a business. We are grateful for the servicewomen and servicemen who work for Paycom, for both their service to our country and the talents they bring to our corporation.

Recently, I sat with a roomful of Paycom employees who are also veterans. I spoke with linguists, a combat medic and a radar technician representing the U.S. Air Force, Marine Corps and the Army National Guard.

I asked these veterans to share which elements of their service they are most proud to carry into their civilian work. Here’s some of what they shared with me.

  1. Punctuality

The military is no-nonsense when it comes to respecting others’ time. If you’re early, you’re on time. If you’re on time, you’re late. And if you’re late, you’re in trouble.

  1. Getting the most out of limited resources

Maximizing the use of available resources is a key skill. Veterans know how to get more done with less, because there’s no guarantee that you’ll have everything you could possibly need in a crisis situation.

  1. Adaptability

Important lessons are learned in the field – and not just during training. It’s crucial for an individual to be flexible enough to take new information and apply it to future situations.

  1. Great listening skills

A linguist in our group noted that active listening was an especially important skill in the field. Active listening can improve communication and ensure that projects are completed as expected the first time.

  1. Attention to detail

Being able to reliably pay attention to small but critical details is essential for success in the military. This ability translates into any number of civilian jobs.

  1. Being organized

Our veterans noted that you really don’t have the option of being disorganized in the military – which means that veterans know how to get and stay organized.

  1. Problem-solving

As one veteran shared, “In Afghanistan, our mission was something like 90% boredom and 10% sheer terror. So in that 10% time of sheer terror, you have to be able to fix a problem in a very short period of time.”

In times of chaos, quick decision-making carries the day. This problem-solving ability serves veterans well once they’re back in civilian life, too.

  1. Teamwork

Military personnel work with people from all walks of life and all skill levels. Being easy to work with in diverse groups helps everyone do their jobs better. Veterans know that success depends on an entire team working together to achieve results.

These capable men and women can bring a wide variety of skills that can improve any work environment, and they’ve certainly contributed a lot to ours.

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Posted in Blog, Featured, Leadership, Talent Acquisition, Talent Management

Jim Quillen

by Jim Quillen


Author Bio: As director of tax at Paycom, Jim Quillen is responsible for ensuring payments and returns are filed timely and accurately. Quillen, a CPA by training, has worked in many fields during his career, including finance, auditing, recruiting, sales, business development and software implementation. Prior to his current role, Quillen has served Paycom as the director of business intelligence, director of new client implementation and director of recruiting.

applicants’ criminal history

California ‘Ban the Box’ Law to Take Effect Jan. 1

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Last month, California Gov. Jerry Brown signed Assembly Bill 1008 (AB 1008), placing new restrictions on employers’ ability to make hiring decisions based on applicants’ criminal history. Effective Jan. 1, 2018, AB 1008 also limits when employers may ask applicant about that history.

Prior to this legislation, “ban the box” protections only prohibited state and local agencies from asking about conviction information before the applicant was determined qualified for the position. The new law extends the protections to all applicants applying to an employer in California with five or more employees.

Under AB 1008, consideration of an applicant’s criminal history is permissible only after the employer has made a conditional offer of employment. At that point, employers may not rescind the employment offer based on the criminal history until they have performed an individualized assessment.

Individualized assessments of an applicants’ criminal history

An individualized assessment is a process to justify denying an applicant a position by linking their criminal history to specific job duties. For example, if an employer is considering an individual for a cashier position, which would involve handling large sums of cash, the employer may determine a shoplifting conviction to be reason for disqualifying, because the conviction relates to specific job duties.

An individual assessment must consider:

  • the nature and gravity of the offense and conduct
  • the time passed since the offense or conduct and completion of the sentence
  • the nature of the job held or sought

Also, the employer must notify the applicant in writing once a preliminary decision is made. This notice is not required to contain a justification for the preliminary decision, but the employer must:

  • provide written notice of the disqualifying conviction or convictions that are the basis for the preliminary decision to rescind the offer
  • include a copy of the conviction history report, if any
  • let the applicant know they have the right to respond to the notice within at least five business days
  • explain the candidate may submit evidence challenging the accuracy of the conviction record or present mitigating circumstances

During that five-day period, the employer cannot make any final hiring determinations based on conviction records. If the applicant responds, the employer must consider the information in the response before making a final decision.

California employers

AB 1008 contains a detailed process for California employers to follow when making employment decisions based on criminal history. Employers should review these changes and adjust policies and procedures accordingly to ensure compliance by Jan. 1, 2018.

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, California, Compliance, 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.

How The Fred Factor Can Transform Your Customer Service

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In 1982, leadership expert and motivational speaker Mark Sanborn moved into a neighborhood where his view of customer service was transformed. In his first internationally best-selling book, The Fred Factor: How Passion in Your Work and Life Can Turn the Ordinary into the Extraordinary, he tells the story of a postman who revolutionized the way he looked at customer service and the idea of “going above and beyond.”

Sanborn had just moved into a new home in the Washington Park area of Denver when Fred, a seemingly ordinary United States Postal Service carrier with a small, thin mustache, introduced himself one day during his route. However, Fred was no ordinary mailman.

As Sanborn came to discover, Fred was the kind of worker who exemplified everything “right” with customer service. He was “a gold-plated example of what personalized service looks like and a role model for anyone who wants to make a difference in his or her work.”

Join us as Mark Sanborn, provides the answer through four powerful tools that business leaders and HR professionals can use to help others pursue their potential, which in turn, helps improve engagement and a company’s bottom line during our free Nov. 16 webinar.

In The Fred Factor, Sanborn describes how each of us can become a “Fred.”

What makes someone a ’Fred’?

A “Fred” is someone who goes above and beyond the normal call of duty, regardless of recognition or reward. And that’s the key part: regardless of recognition or reward. These employees demonstrate a spirit of service, innovation and commitment. This “Fred Factor” will help you at work and in your personal life.

Here are four principles from the book that can help you become a Fred.

  1. Everyone makes a difference

No matter your position, ultimately it’s up to you to do your job in an extraordinary way. There are no unimportant jobs, just people who feel unimportant doing them. More satisfaction exists in being a first-rate truck driver than a tenth-rate executive.

Martin Luther King Jr. said, “If a man is called to be a street sweeper, he should sweep the streets even as a Michelangelo painted, or Beethoven composed music or Shakespeare wrote poetry. He should sweep the streets so well that all the hosts of heaven and earth will pause to say, ‘Here lived a great street sweeper who did his job well.’”

Think about the ways this applies to you and your job, and remember: What you do every day matters and has an effect on others.

  1. Success is built on relationships

Indifferent people provide indifferent service. Building strong relationships with your colleagues will help you work better together and provide an even higher level of customer service.

You can improve the service you provide by getting to know your customers better, too. Service becomes personalized when a relationship exists between the provider and the customer. For example, think about your hairdresser or barber: Would the hair-care experience be a good one if the two of you weren’t on friendly terms? Would you be willing to spend hours with this person every other month or so if he or she wasn’t personable? Probably not.

What can you do to build relationships with the people you work with, including the customers you frequently serve?

  1. Continually create value

Creating value doesn’t have to cost a thing. Ever feel like you don’t have enough money, training or other resources to perform at a high level? Fred had only a uniform and a bag of mail, and still he managed to provide exceptional customer service. His own creativity and drive helped him succeed, and it didn’t cost him or the company a single penny.

Your imagination and creativity can help you go above and beyond too! If all Fred needed was a bag of mail and a uniform, think of everything you can accomplish with the resources you have at your fingertips.

You can be an employee who gives your company a competitive advantage by creating value for your clients and colleagues. Want to bet that will help you in your professional life?

  1. Reinvent yourself regularly

Most of us fall short of what we are capable of accomplishing. If you want to reach your full potential, mediocrity is your silent opponent. Doing just enough to get by means you’ll never know how much you could accomplish.

Think of the effort and originality Fred brought to delivering the mail. If he could bring such value to putting letters in a box, how much more can you bring to your position? Just getting by won’t help you reach your goals; pursuing innovation and creativity can help you gain real value and meaning from your work.

No matter your position or circumstances, you get to start with a clean slate every day. You can orient your professional (and personal) life any direction you choose!

The way to move through life joyfully is by focusing on what you give rather than what you get. You do the right thing not because you have to, but because it’s right. All work is honorable; always do your best, because someone is watching. This is the “Fred Factor”!

After putting these ideas to practice, you may wonder, “What’s next?” If you want to make sure you’re reaching your full potential (even after achieving your goals), join us for our live webinar Nov. 16, when Sanborn provides the answer through four powerful tools that business leaders and HR professionals can use. Register for free here.

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Posted in Blog, Employee Experience, Featured, Leadership

Chelsea Justice

by Chelsea Justice


Author Bio: Chelsea is co-host Paycom’s HR Break Room podcast, editor-in-chief of its corporate culture magazine, Paycom Pulse and is Paycom’s communications supervisor. During her more than eight years in marketing, corporate training and communications, she has created hundreds of magazines, training guides, videos and webinars for multiple industries. In her free time, Chelsea is planning her next travel adventure, perfecting her most recent baking recipe, devouring a good book and, above all, spending time with family.

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