Crystal Spraggins, SPHR In a 2013 study, NERA Economic Consulting reported that U.S. employers paid $467 million in settlements as a result of wage and hour violations. NERA classified the violations in the following categories:
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Work-Time Calculations: Rules on Rounding Hours Q&A
“Rounding” is generally accepted under the FLSA, but only as long as the rounding practices “average out” and nonexempt employees are paid properly for hours worked. Find out how to implement this practice in your workplace.
FLSA Series Part 1: Exempt or Non-Exempt Classifications
This is the first of a series of articles explaining the Fair Labor Standards Act, FLSA, or the Wage and Hour Law. It is the FLSA that defines at the federal level the distinction between exempt and non-exempt employees. Non-exempt employees are covered by the FLSA rules while exempt employees are not. Exempt employees are exempt from being paid for over time worked and are instead expected to perform their required work, regardless of the time needed to do it.
Complying with the FLSA Administrative Exemption Q&AAre you in compliance with the FLSA administrative exemption regulations? Find out if your administrative assistants meet these very specific criteria.Q: We have an employee whose title is administrative assistant to the CEO. She is essential to the CEO and often works more than 40 hours a week. She is paid overtime as a nonexempt employee, but we are wondering if her job duties meet the criteria for the administrative exemption. What are the criteria?
Exempt Employees and Partial Day Absences One issue that comes up continually for employers is how to deal with exempt employees who take time off in less than full day increments. The Fair Labor Standards Act (FLSA) regulations make it clear that employers generally cannot dock their exempt employees pay for absences of less than
Guidelines for Managing Exempt-Status EmployeesIn the world of HR, one area that has produced a significant quantity of writing, thought, and opinion is that of employee exemptions within the Fair Labor Standards Act (FLSA). This area, however, is not particularly flashy or trendy. In fact, it is the boring material that HR professionals must learn and internalize in order to add value to their organizations. But, while not flashy, this knowledge area is one where millions of dollars can be saved by sound HR practices.
As we’re finishing up 2018, we decided to gather a few HR leaders to discuss the broad range of HR initiatives they’re thinking about for 2019 and how these are aligned with their company goals. The panel was moderated by Katie Miller, Marketing Specialist at BizLibrary. Featured speakers included Cassie Whitlock (Director of HR at
Editor’s note: This blog post is an excerpt of our new whitepaper Variable Pay Playbook. In a tight talent market, where employees have choices about where they commit their time and talent, variable pay is frequently used as a retention, recruitment and motivation tool. PayScale’s 2018 Compensation Best Practices Report (CBPR) reports that nearly three-quarters
Today’s employees have some unique advantages that employees of the past didn’t have. For one thing, the U.S. economy is relatively stable, and the unemployment rate continues to decline steadily overall at 5 percent or lower for over a year now. Lots of companies are hiring, and many workers have far more opportunity than they
A federal judge’s ruling put a halt to the Obama administration’s rules expanding overtime pay under the Fair Labor Standards Act. But, if your organization is based in California, a new proposal might require you to raise some employees’ pay anyway. State legislators recently proposed a law raising the salary threshold for exempt employees, similar
Yesterday we counted down the first half of the top 16 most viewed compensation blog posts from 2016. Without further ado, here are the rest! #8: Are Promotions Leaving Your Employees Feeling Short Changed? Have you ever given an employee a promotion and a raise and their face falls? In the eighth top post from
Ready, set, and … hold? As HR professionals, we’re always on our toes, and this year’s hot topic has certainly kept us on our feet as we determined how best to proceed with the FLSA Overtime saga. Whether or not your organization felt ready for the momentous ruling, the announcement of the preliminary injunction halting
HR professionals nationwide are still reeling from the recent injunction against the Department of Labor’s overtime rule, which had it gone through, would have required companies to compensate all salaried exempt workers a minimum of $47,476 by December 1st. While the news has been dominated by the implications of the injunction, let’s not forget about
The Department of Labor’s proposed changes to the FLSA overtime exemption rule might have been delayed, but the data show the new threshold might have already had a substantial effect on salaries. We looked at salaried jobs that frequently fell between the two thresholds and observed a remarkable amount of change in the past six
This FLSA stuff is getting convoluted. There’s the FLSA, which is confusing in itself; the proposed changes to the overtime rules originally slated for 12/1; the court-issued injunction to the FLSA changes; and the appeal of the injunction by the Department of Labor. Amidst the ambiguity of official FLSA activity, many organizations have already been
I’ll be honest, I cried a little bit when I got the news that the FLSA changes were postponed. As the Director of Total Rewards for Associa, a PayScale customer, I’ve been working on the changes – analyzing, assessing, recommending, and communicating the implications – since March. Just as I was starting to see a
Companies are starting to implement changes in anticipation of the FLSA changes happening on December 1st. While there are still some efforts to delay under way, it’s unlikely that the changes will be prevented from happening. The more uncertain thing is whether the Trump administration is likely to keep, or work to reverse, the changes.
It doesn’t take much more than a rumbling of the “M word” in your next meeting to get every executive in the room to start rolling their eyes. And let’s face it – millennial bashing is a real thing now, and it’s happening in all kinds of ways. The fact that nobody is buying diamonds
Many clients ask: Should we wait until the upcoming presidential election to comply with the FLSA? The short answer is: No. Since the new regulations are effective on December 1, 2016, you really can’t wait to comply with them. [clickToTweet tweet=”Don’t wait to comply with the new FLSA rules! ” quote=”Don’t wait to comply with
#Compference16 was engaging, informative, and social – both live and online. Our hashtag even became one of the top trending hashtags in Seattle. Comp and HR professionals are definitely social people. While we’d like to highlight every single session and every single tweet, because they were all amazing, we have to maintain some of the mystery of
HR is in a tricky spot. Professionals in HR are often responsible for both compliance, protecting the organization from legal problems, and organizational culture, creating a place where people want to stay and contribute their best efforts. I get it, having been there myself. The anxiety and cost of a lawsuit are no joking matter.
Jenni Marquez, CCP, PayScale Compensation ProfessionalMost organizations don’t intend to pay employees low, but market shifts and legislation changes can often result in underpaid employees. If budget is tight and you’re concerned about how to tackle the problem without giving your CFO a panic attack, don’t fret. We’ve got you covered with some things to consider and tips on how to address the situation.
Mykkah Herner, MA, CCP, Modern Compensation Evangelist, PayScaleIf your social media threads look anything like mine, they’re blowing up with information related to the FLSA changes. Most include an overview of the changes and some are more in depth than others. In last week’s article, we identified some considerations for making changes. SHRM’s article explores issues around company property, media policies, and travel. Once you’ve decided what you plan to do to accommodate the FLSA changes, it’s time to start talking to your employees.
Kate Jesse, Payroll Administrator, PayScale and Mykkah Herner, MA, CCP, Modern Compensation Evangelist, PayScaleThe US Dept. of Labor released the final new rules on Fair Labor Standards Act (FLSA) overtime standards today. The much anticipated ruling has been a buzz amongst HR professionals since the draft was released almost a year ago. While many of us have been talking about it behind closed doors, now that the ruling is official, it’s making a much more public splash on the Today Show and NPR, to name a few. In many cases, employees are learning about the ruling from the media first. Given that, we’ve put together the cliff notes version of the ruling, as well as what to look out for as you begin to ensure compliance* in your organization.
Tess C. Taylor, PHR, SHRM-CP, PayScale Senior BloggerThis time of year always sees an increase in hiring additional people to cover the busy holiday season, at least on a temporary basis. It can be a good time to earn a little extra cash for gifts and starting the New Year right by paying off debts. But, a recent survey indicated that while employers expect to hire a similar number of seasonal workers, the pay rates for these temporary employees may be decreasing.
Jenni Marquez, CCP, PayScale Compensation ProfessionalEven the most seasoned HR professional might take a big gulp if approached by their CEO to take charge of anything comp. That’s because, despite being part of the HR department, compensation is like the cool kid at a party. You know, the one you’re afraid to talk to. A bit mysterious, intriguing, and frankly, just seems way out of your league. Comp has its own language. Sure, you’ve heard some terms before, but you have no idea what they mean so you try to avoid the conversation altogether. Not to worry! PayScale has you covered in our new, 4-part Comp Glossary. You’ll be ‘comp’letely fluent in no time.
Tess C. Taylor, PHR, The HR Writer The question often comes up in human resources and accounting departments: What’s the best payroll schedule? While the answer to this question is to a large degree dictated by state and local wage and hour laws, there’s some wiggle room for employers to make a decision that suits them and their employees.
Tessara Smith, PayScale There is a compensation epidemic taking over companies across the nation. It is called wage theft and your organization should avoid it at all costs. By definition, wage theft is the underpayment for money that has been clearly earned. This could mean paying employees less than minimum wage, refusing to compensate them for the hours they have worked, or neglecting to pay them overtime. You would think that most companies would stray from committing such a petty compensation crime, but wage theft is much more common than you think. It makes sense; the less you pay employees the more your company profits when you crunch the numbers at the end of the day. But is raking in more revenue worth causing your employees to be disgruntled or the massive penalties you might face if they decide to band together and file a lawsuit?
Crystal Spraggins, SPHR It’s that time of year when employers across the land begin planning the annual outdoor get together. Here are some things you can do to make your event a huge success.
Mykkah Herner, M.A., CCP, PayScale There has been a lot of talk about increasing the minimum wage, at the federal, state, and city levels. In Seattle, headquarters of PayScale, we just passed an ordinance increasing the minimum wage to $15/hour within 3-7 years depending on employer size. Of course there has been debate on both sides of the law. Can small business owners afford to absorb the increase? What will happen to the people we used to pay at $15/hour? But also, how can Seattle call itself a forward-thinking city if the minimum wage is not a livable wage? I probably should have been born a Libra because I fundamentally understand both sides.
Tess C. Taylor, PHR, The HR Writer As if calculating overtime pay wasn’t challenging enough at times, the Fair Labor Standards Act (FLSA) can throw even a seasoned payroll manager into a tailspin at 300 miles per hour. Why do FLSA mistakes cause so many issues for payroll overtime processing? In this article, we will look at some ways you can avoid the common issues with managing overtime payments in regards to FLSA guidelines.
Crystal Spraggins, SPHR Well waddaya know? ‘Tis the season again. Pretty soon boxes of cookies, candies, and cheese assortments will be coming through the door—gifts from your vendors and also a reminder to everyone that party time is near! You’ve got a workplace celebration planned, of course, because it’s a tradition. When it comes to party particulars, however, here are a few other traditions you might want to get rid of this year.
Tess C. Taylor, PHR, The HR WriterOvertime; the bane of nearly every payroll manager’s existence. Yet, it is a necessary part of operating a profitable businesses when employees need to be paid for time on the clock that extends beyond regular work hours. The correct tracking, calculation and payment of overtime is something that must happen to avoid breaking a number of employment laws. Accurately paying overtime also fosters good will with employees who have sacrificed their personal time in order to help the company meet important project deadlines.
Mykkah Herner, MA, CCPManager of Insight Expert Services at PayScaleAs the economy continues to slowly recover, and organizations are getting more specific about their compensation philosophies, compensation plans are both streamlining and becoming more complex. Increasingly organizations are using pay schedules as a way of maintaining internal equity, while differentiating pay by a number of factors. What is a pay schedule and when might you want to use it?
Dan Walter, Performensation Stock Appreciation Rights (SARs) are a commonly misunderstood component of the equity compensation mix. This is probably because each of three distinct variations has been promoted as “the answer” at different times over the past two or three decades. To participants, SARs offer much of the same compensatory rewards and risks as stock options. To companies, these instruments offer both accounting and tax considerations that generally make them a second choice to stock options. Many SAR programs deliver only cash (we will get to that in a minute) so some refer to these as synthetic equity compensation.
Dan Walter, Performensation
Stock Shares (RSS), often called Restricted Stock Awards (RSA) or even more simply
Restricted Stock, have been used longer than any other equity compensation
instrument. Companies have used variations of restricted stock for almost as
long as stock has existed. While ISOs
are “appreciation only” awards, RSSs are Full Value Awards (FVA). RSS awards
are unique in that they require the issuance of real stock as of the date of
the award. Restricted Stock is a confusing term since it can refer to at least
three major categories of stock. 1) Stock issued prior to registration with the
SEC under the 1933 Act; 2) Stock issued to affiliates of the company who are
subject to Rule 144 filings; 3) Stock that must meet time and/or performance
conditions before it can be freely transferred. For the sake of this post, I
will only cover the last of these.