February 1, 2012

FLSA Question of the Week – How Do We Handle Travel Time?

Filed under: Compensation,Compliance,FLSA,General HR Buzz,Salaries & Pay — Joyce @ 9:22 am

With the increased focus on Wage and Hour issues by the Department of Labor, I thought it might be helpful to post a few blogs regarding common FLSA questions.  Today’s question regards travel time, which is one of those areas that seems to pop up every now and then.

How do we handle travel time?

Under the Fair Labor Standards Act (FLSA) determining whether travel time is considered “hours worked” (and nonexempt employees must be paid) is often confusing and may depend upon the type of travel involved.

Ordinary Home to Work Travel. Normal travel from home to work is not work time, whether an employee works at a fixed site or at different job sites.

Special Home to Work Assignments. Travel in which an employee who regularly works at a fixed location is given a special assignment to work at a different location is not ordinary work travel. Such travel is considered work time. However, the employee’s normal home to work travel time may be deducted from the work time, as she would have had to go to work anyway.

Daily Work Travel. Time spent traveling as part of an employee’s principal job activities, such as from job site to job site during the work day is considered “hours worked.”

Overnight Travel. Travel away from home is work time when it cuts across the employee’s workday. Travel on non-working days is also considered “hours worked” if it occurs during normal working hours. For example, if an employee normally works from 9:00 a.m. to 5:00 p.m. on Monday through Friday, the travel time during these hours is also considered work time on Saturday and Sunday.

Travel during non-work hours is not considered “hours worked” unless the employee is actually performing work while traveling. Time spent in travel away from home outside of normal working hours as an airplane, train, bus, or car passenger is not work time. However, an employee who drives a car, bus, or other means of transportation, or an employee required to assist her is considered to be working.

Remember that many states also address wage and hour issues and may impose stricter requirements beyond the FLSA.

If you have any specific FLSA questions you would like answered, please let us know by commenting on this blog.

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January 30, 2012

W-2 Changes for 2012 – Prepare Now!

We heard it was going to happen and now it is just around the corner.  What am I referring to?  The requirement as part of the Patient Protection and Affordable Care Act (PPACA) which mandates employers must report on employess’ W-2 forms the cost of their group health insurance coverage.  This information must be furnished on 2012 W-2 forms, which generally must be provided to employees by the end of January 2013.

Although this is a year away, some of the calculations may be time consuming so it is advised to begin capturing this data now in order to be prepared when January 2013 rolls around.  The new reporting requirement applies to employers that file 250 or more W-2s.  The reported amount should reflect the aggregate cost of all reportable benefits that the employee received under all group health plans that the employees’ participated in during all or part of the 2012 plan year.   What does this include?  Some examples are:

  • Major medical benefits
  • Integrated vision plan coverage
  • Executive physicals

For more specific information, please go to the IRS’s website and review  Notice 2012-9.

 

 

 

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January 27, 2012

HR Fact Friday: FLSA Companionship Exemption To Be Narrowed?

Filed under: Compliance,Employment Law,FLSA,General HR Buzz — Paul @ 6:00 am

For many years, the DOL has recognized an exemption from the Fair Labor Standards Act (FLSA) for persons employed as domestic companions. The exemption excluded many home care and personal assistance workers, who provided companionship services for the sick and elderly at home, from FLSA’s overtime and minimum wage requirements. A detailed DOL discussion of the existing exemption can be found here: http://www.dol.gov/whd/regs/compliance/whdfs25.pdf. DOL is proposing the change this exemption. Here is DOL’s own summary of its proposed changes: “The Department is proposing to revise the regulations to accomplish two important purposes. First, the Department seeks to more clearly define the tasks that may be performed by an exempt companion. Second, the proposed regulations would limit the companionship exemption to companions employed only by the family or household using the services. Third party employers, such as health care staffing agencies, could not claim the exemption, even if the employee is jointly employed by the third party and the family or household.” A more detailed summary of the proposed DOL changes can be found here: http://www.dol.gov/whd/flsa/whdfs-NPRM-companionship.htm.

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January 6, 2012

HR Fact Friday: NLRB Poster Deadline Postponed Again

Filed under: Compliance,Legal Issues,Unions/NLRB — Paul @ 2:27 pm

The National Labor Relations Board (NLRB) recently imposed a new requirement that employers post a notice to employees informing them of their rights under the National Labor Relations Act (NLRA).  The new NLRB requirement was supposed to take effect as of November 14, 2011 but that deadline was later delayed until January 31, 2012.  The NLRB has delayed the deadline again, and it now is set at April 30, 2012.  The most recent delay is a related to a court request to postpone the effective date pending a legal challenge to the new requirement.  If you want more information, follow this link to the NLRB’s FAQ on this new posting requirement: https://www.nlrb.gov/faq/poster

A copy of the new poster is available here: https://www.nlrb.gov/poster and here: https://www.nlrb.gov/sites/default/files/documents/1562/employee_rights_fnl.pdf

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January 5, 2012

Turnover: Costs and Consequences

Filed under: Benefits,Compensation,Compliance — Olivia @ 4:18 pm

In HR, we are in a unique position to understand just how significantly turnover affects our organizations.  In the most recent month available (Oct. 2011), the Bureau of Labor Statistics reported that voluntary separations comprised almost half of total separations (49%).  Layoffs and discharges (41%) and other separations (less than 10%), including retirement, trailed behind.  Presenting these numbers, however, will get you nowhere. With our access to confidential data, we can watch for trends to determine the overall cost and determine the cause (and possible solutions).

Although estimates vary widely depending on the source, you can be sure that the costs of turnover are significant.  The Harvard Business School calculated that the cost of replacing a sales representative with an annual income of $60,000 is $300,000 – three times the annual salary, plus training, expenses, benefits, and commission.  Here are some costs to consider when calculating turnover:

Termination or Separation – Regardless of whether the employee was fired or quit voluntarily, you must consider costs such as: removing employee from payroll, processing benefits, and retrieving and replacing any of their equipment.  In some cases, you have to consider severance pay and rising unemployment compensation.

Replacement – These costs involve advertising the position, reviewing applications and interviewing candidates, administering employment tests, verifying references and onboarding and training for the new employee.  In some instances, you may also have to replace equipment, such as keys, laptops, or uniforms that were not recovered from the former employee.

Lost production – This is probably the most difficult cost to quantify, and also the largest.  Production is usually affected, even if temporary workers are hired.  Existing employees who must cover the departing employee’s duties may sacrifice some of their production because of the burden.  After the new employee is hired, lost production costs include inevitable errors and inferior quality.

To calculate your turnover rate, the U.S. Bureau of Labor Statistics suggests dividing the number of employees in the company at midmonth by the number of departing employees each month.  For example, if you have 50 employees on January 15 and 5 employees depart between January 1 and January 31, your turnover rate is 10 percent.

Look for more as we explore turnover in the coming months through the blog and our newsletter.

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December 23, 2011

HR Fact Friday: How Much Does Compensation Really Cost Me?

Filed under: Compensation — Tags: , — Paul @ 6:00 am

If you have ever asked this question, you’re in luck.  The Bureau of Labor Statistics (BLS) calculates and publishes this information. The latest information available was for September 2011.  Employer costs for state and local government workers averaged $26.57 per hour worked for wages and salaries and $14.19 for benefits in September 2011.  State and local government health benefit costs averaged $4.74 per hour worked in September 2011.  For more information, including a detailed breakdown of the costs, please go to http://www.bls.gov/news.release/ecec.nr0.htm.

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December 16, 2011

HR Fact Friday: FLSA Updates

Filed under: FLSA — Tags: , , , — Paul @ 6:00 am

There are some interesting things happening in the world of the federal Fair Labor Standards Act (FLSA), which requires overtime pay and a minimum wage for nonexempt workers and regulates when minors can work and what they can do. First, the Act got some recent news attention when GOP presidential candidate Newt Gingrich made some comments on whether the law unwisely limits work opportunities for minors. Second, the United States Senate is considering a bill (S. 1747) that would revise/update the requirements of the computer professional exemption. Finally, the United States Department of Labor (DOL), which enforces the law, is expected to soon issue new regulations regarding employer recordkeeping.

There is speculation that the anticipated regulations will require employers to classify their independent contractors as exempt or nonexempt. DOL has estimated that some 30% of workers are misclassified as independent contractors. The issue is creating a lot of litigation right now, even in some unexpected places. For example, a group of exotic dancers who have worked in various strip clubs in New England recently filed a lawsuit alleging they should be classified as employees instead of independent contractors. Imagine trying to figure out which white collar FLSA exemption might apply to them!

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December 13, 2011

You Can’t Take it Back: Social Media Risks

Filed under: Compliance,Legal Issues — Olivia @ 10:39 am

I’ll admit that when it comes to keeping up with celebrity gossip, I’m a bit of an amateur.  Still, I was relieved when Ashton Kutcher decided to give Twitter a break after he shared his feelings about Joe Paterno’s firing.

Twitter is a powerful social networking tool because it can get the sender (your best friend, a celebrity, a company, etc.) closer than the receiver could ever be previously.  Live out your teenage fantasy of getting directly in touch with that certain celebrity who graced your walls, get the latest news, or keep up with your friends, all in 140 character snippets.

The draw of Twitter can also be its downfall.  Last week, ESPN.com writer Chad Dundas writes about a UFC fighter who was fired due to his Tweets.  Former WEC bantamweight champion Miguel Torres tweeted a one-liner about “rape vans” that he had apparently seen on TV.  This was Torres’ third attempt at humor in the area of sexual assault, and it didn’t go over well with the powers that be.  The UFC has been on the leading edge of social media, encouraging its fighters to engage with fans by offering financial incentives to those who stay active with Twitter.

When you encourage somewhere in the neighborhood of 300 professional fighters to share their unfiltered thoughts with the masses — Torres has nearly 50,000 followers — in staccato burst of 140 characters or less, mistakes are going to be made. Mistakes that have been committed to writing and will live on forever in the unforgiving elephantine brain of the Internet.

According to Dundas, the UFC does not have a formal policy to outline standards for its fighters (or anyone else in the company) when it comes to social media interaction.  The advice given is to use “common sense.”

So what can you do in your company to keep social media on the up and up?  Create clear policies for your employees that designate which employees will engage in social media on the company’s behalf and conduct training to ensure these policies are understood.

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December 12, 2011

Are you Modifying your Executive’s Incentive-Based Compensation Program?

If so, you are not alone.  According to an article from WorldatWork, corporate executives can expect moderate salary increases and tougher performance hurdles in 2012.  This information was gathered from a survey conducted by Pearl Meyer & Partners, a leading provider of compensation consulting services and survey data.

So what are the key components from the survey participants? 

  • Linking pay to performance is absolutely essential
  • Incorporate a metric that is more closely tied to creation of shareholder value
  • Stock options remain very popular among smaller companies and in certain sectors
  • Need to validate alignment of relative pay and performance was ranked as the top priority for compensation programs in 2012
  • Prepare for new SEC disclosure and governance requirements, including explanation to shareholders the link between CEO pay and company financial performance and compute the ratio of CEO pay to “median” employee pay

Executive salaries are expected to realize a relatively modest growth in 2012, marking a continued break from the annual 4% pay growth of most of the past two decades.  A total of 59% of participants projected a 2% to 4% salary increase, and 10% anticipate a salary freeze or decrease next year.

The survey is available for download on Pearl Meyer & Partners website.

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December 6, 2011

What’s in Store for 2012: 5 Trends in HR You Should Know About

Filed under: Benefits,Compensation,General HR Buzz — Olivia @ 12:03 pm

For a while during 2009-2010, I went for weeks not watching the news to avoid another story about unemployment, foreclosures, and the “R” word, recession.  Today’s “R” word has shifted to “recovery,” but many of us are still unsure.

Today, the Society for Human Resource Management (SHRM) released the 2012 HR Trend Book.  The guide covers every area of HR.  Here are some of the highlights:

Compensation and Incentives

Rewards program alignment with strategy – Compensation and rewards should be part of strategic planning, not created after the fact.

Benefits

Healthcare costs – As costs are expected to rise 7.2 percent in 2012, companies will continue using different strategies to contain spending: cost-sharing, value-based plan designs, and consumer-directed health plans.

HR Technology

The cloud – If you don’t know much about it, now is the time to learn.  The cloud will become increasingly preferred as well as software-as-a-service (SAAS).

Staffing Management

What’s your brand? – Increased focus on candidate care and the user experience for companies’ applicants.

Education and Development

Talent profiles – Data comes from recruitment, payroll, learning management, performance management and HRIS into one profile.  Companies will see at-a-glance a picture of employees’ skills and work history.

 

Have you read the 2012 Trend Book?  What are your goals for 2012 in HR strategy?

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