Compensation

The New Overtime Rule – Legal Update

Planned for a December 1, 2016 effective date, the new overtime rule which raised the salary level test to $913 per week under the Fair Labor Standards Act (FLSA) has been suspended by a federal court which issued a temporary injunction.

This means that you do not have to make changes to who gets overtime or to raise pay based on this rule now. At this time we do not know what will happen next. The US Department of Labor could appeal the ruling, the court could move to hearings over a final decision, or the entire matter could get ignored until the next administration takes action.

If you have taken any actions to meet the $913 salary level test, be careful what you do. Rolling back raises is legal, but is fraught with employee morale and retention risks. Walmart has already announced that it will not do so, as it had granted wage increases in preparation to meet this rule.
If you have communicated any plans or information on this change to your employees, do communicate that the change has been temporarily blocked by a federal court and that you will comply with current law fully while awaiting further information.
Even if you have not communicated anything to employees, do expect that many may know of this rule change and have been expecting a pay raise or overtime pay. Pay attention to your employees and address any specific concerns individually.

This salary level test is only one of three tests under the FLSA which must be met to decide whether an employee must be paid overtime or not. It is the duties test which is the most problematic for small businesses – and the most […]

By |November 29th, 2016|Compensation|Comments Off on The New Overtime Rule – Legal Update

New Overtime Tips

The salary level test for the Fair Labor Standards Act is rising on December 1 to $913 per week ($47,476 annually.) The duties test and salary basis test are unchanged. This means you must take action by December 1 to review the impact on your organization and make any needed adjustments. Many small organizations do not understand or comply with the duties tests –  this can present significant legal and financial risks if an employee or ex-employee reports you to the state wages and hours agency or seeks out an employment attorney. You may have seen legal ads for failure to pay overtime cases on TV in fact.

I did a webinar for the Alexandria SBDC on the new overtime rules – both the webinar and the annotated slides are available free. The webinar or slides can guide your thinking and action planning so that you are ready.

The New Overtime Law Webinar

The annotated slides

Guidance from the US Department of Labor  –  https://www.dol.gov/WHD/overtime/final2016/

It is smart to get started now on assessing the impact of the new salary level on your organization, as well as reviewing your compliance with existing duties test rules.  This process includes assessing what makes the most sense in terms of your desired or existing culture and extensive communications.  Ideas for these areas are included in the webinar and slides.

By |August 8th, 2016|Compensation, Policies and Practices|Comments Off on New Overtime Tips

What Now? The New Overtime Rules Announced

Small organizations have feared the impact of the new overtime rules which changed the level of pay below which everyone is considered eligible for overtime pay significantly. Many small businesses and non-profits assume they cannot afford to pay overtime. Others think anyone with a college degree is automatically exempt from overtime. The new rules have been announced and the salary level test is $913 per week ($47,476 annually.)

What are you going to do now?

The first step is to educate yourself. The US Department of Labor has a wide range of resources explaining the new rules and what has and has not changed. You can find this at DOL Final Overtime Rules 2016

I will be doing a webinar for the Virginia SBDC Network on June 24th which will focus on what options you have now and how to assess your next steps. Register for this free webinar via Webinar Info and Registration

Then move into assessing exactly what the impact is in your organization.

Who is newly eligible?
What are your options for each new eligible?
How many hours does each person currently work over 40 on average?
What are the reasons for overtime work?
What are the costs associated with the possible changes you are considering?  Timing?

If you have an annual pay review coming up this year, consider that date as well as the December 1 date – what does your culture imply you should do?  What other impacts on your culture will this change lead to?  What other impact will your culture have on your decisions?

Once you have a plan in place, you need to begin communicating with your employees. Although the rule changes do not take place until December 1, 2016, most employees will have […]

By |June 21st, 2016|Business planning, Compensation|Comments Off on What Now? The New Overtime Rules Announced

How Will You Adapt: Changes in Paid Overtime

Over the past year, the US Department of Labor has been revising the Fair Labor Standards Act (FLSA), which governs which positions must be paid overtime. Your payroll firm and employment attorney have probably been pushing you to review your practices. The proposed rules got a lot of comments, over a quarter million, and now the new rules believed to be coming out this month with a short implementation period. Rumor has it that the salary level test will be $47,000 instead of the originally proposed $50,440.

Many small organizations had ignored the duties tests of the FLSA and called all employees exempt from the FLSA based on the old test of $23,660. In reality, exemption from FLSA is based on the duties of the position and the salary test.

What Should You Do Now?

1. Look at your existing position descriptions and requirements.

Are they accurate and current? If not, update them. Look at the duties test first and determine if the positions are in fact exempt from the law. A simple checklist: https://www.dol.gov/whd/overtime/fs17a_overview.pdf

2. Review the pay of individuals in each position you consider exempt from FLSA using the duties test.

Assess what you will do with each if their current salary is less than the final salary test. In some cases, it may make sense to raise pay. In others, it may make more sense to reclassify the position as non-exempt and control overtime.

3. Consider your culture.

If you have been paying all employees on a salary basis, you may wish to continue to do so. This can be done whether employees are exempt or non-exempt. If your organization pays at the end of a specific pay period through the same date, and you wish to include non-exempt […]

By |May 9th, 2016|Business planning, Compensation|Comments Off on How Will You Adapt: Changes in Paid Overtime

HR Learnings from Marshawn Lynch

The frenzy around the Super Bowl provides all sorts of ideas for any small business. That around Marshawn Lynch certainly speaks to basics of managing employees.

Lesson 1. High potential employees need support to grow.

Even when you have terrific people working for you, you need to understand and support their growth. Marshawn Lynch is a top level player who clearly does not like responding to reporters and feels his comments are not reported correctly. He has been fined for not speaking to them. Yet the NFL does minimal speaking training. And if you follow the NFL, you know a lot of other players forced into answering reporters questions who do not do so very well.

I have worked in many companies where we invested heavily in training customer-facing people in speaking skills – from the CEO on down through individual contributors. Most of us are not comfortable giving speeches or public presentations – or even talking to internal meetings. Some surveys show a fear of public speaking that is only slightly lower than that of serious injury! And even those who are willing to speak need a lot of practice and preparation to actually be good. This is true for many other aspects of work where you want your people to contribute too.

What are you doing to ensure your people have the right training and development opportunities to grow and develop your business?

What are you doing for your own professional growth and development?

 

Lesson 2. Check your compensation philosophy and structure.

Does your pay program actually support your values and goals? The NFL expects every player to be available to talk with reporters before and after games and at events. They do not reward such behavior, instead they […]

Compensation Tips

Now is the time many organizations start thinking about the next year’s pay raises. Before you start the hunt for ‘market rates’, projected pay raise averages (overall 3.1% for 2105), budget or other data – think a bit about what you are paying for.

Very few founders, CEOs, or senior executives have thought about their philosophy of compensation directly. Fewer still have tied it to their desired culture.  And so, over the decades, I have talked about these issues with many senior folks.

Often I also use a short quiz and set up scenarios like this:

You have two people in the same role, both are equally productive.

And I ask a series of questions about how one would calculate the pay raise for each. One question is: John comes in early and stays late every day, he works many long hours each week. Tom works his regular schedule but rarely puts in extra time unless helping others.

And nearly 3/4 say that they would give John a larger raise.

Do you see the issue? Most do not until I ask why they are rewarding the person who cannot get their work done in a timely manner over the one who does. Remember – the conditions were that both were equally productive. So Tom is doing the same amount and quality of work in less time than John.

As you think about your salary planning for next year, here are some questions to ask yourself. Pick the top three in each and rank order those.

1. Do we want to compensate for:

individual productivity
teamwork
cost of living changes
our financial success
increased productivity
market pricing changes
seniority
clients increase
revenue growth (funding growth for non-profits)

Think, for example, how many organizations say that they value teamwork highly. How many actually base […]

PAYING EMPLOYEES – MAKE IT MORE THAN JUST ANOTHER EXPENSE

You have seen the pay forecasts for 2015 of 3.1% increases. But what does that mean to you? To your organization? To your employees?

Small organizations cannot afford the big compensation research and expertise of large ones. But you can be sure your pay program supports the values and goals of your own organization without all the information and processes they have. And you can gather relevant, current market data from your network plus state and federal labor market information.

The first step is to think about your mission, your values, your goals. How do pay and benefits fit into these? Want some insight into how companies address these issues? Look at the very different pay and benefit structures of Walmart and Costco. These are well documented, so a little searching will show you how Costco values employee retention and development as critical to customer service and thus pays higher wages and offers more benefits while Walmart is willing to accept high turnover to keep pay and benefits low.

In preparing your pay budget for 2015, it also helps to know a little about others. In 2013, 87% of companies gave pay raises. But very few gave every employee a raise. Most companies try to tie high performance to higher pay raises. In practice this means that lower performance levels mean no or under 0.5% pay raises

High performance is an obvious choice to base pay raises on. However, to support your culture and goals, you may want to consider other reasons to increase pay. If your organization is in an area of rapidly changing technology, you might reward the employees who learn new skills. If customer service is critical, that may be a factor.

Critical to any successful […]

RETIREMENT – MORE THAN A BUCKET LIST ISSUE

Have you actually thought much about retirement? Do you, like many, intend to get around to thinking about it …. sometime?

Do you love your work so that you fool yourself into believing that you will never retire? That your circumstances will never change?

For years I have talked to CEOs and organizations that did not see any reason to think about the changing nature of retirement. Anyone with relatives over 85 (the fastest growing demographic in the USA) caught on fast though.  What happens when our lifespans are commonly passing 80 years but our work-lives are barely half that? And our systems and many mindsets are still geared for early retirement with some years of play…. then simply disappearing?

A century ago, we worked until we died or became disabled. The Depression and WWII gave us Social Security and pensions. Starting in the 1970s, a ‘golden age’ of retirements was supported by personal savings plus defined pension plans plus Social Security – at least for those in larger companies and government.

Retirement has both financial and personal aspects: many of us don’t plan for either.

Most important: do some personal ‘what-if’ planning. Studies show that women still are more likely to be the care-givers. But anyone can, as I have, end up caring for several older relatives in their last years. Dealing with the medical, emotional, and physical issues is not easy. All these and others related to aging family take far more time and energy than you expect — even if you can afford good help. And this hits your business directly, often disastrously.

For those of us fully invested in our work, planning the personal side is even harder than the financial. Yet it is critical too. […]

COMPENSATION & CULTURE

Now is the time many organizations start thinking about the next year’s pay raises. Before you start the hunt for ‘market rates’, projected pay raise averages, budget or other data – think a bit about what you are paying for.

Very few founders, CEOs, or senior executives have thought about their philosophy of compensation directly. Fewer still have tied it to their desired culture.

And so, over the decades, I have talked about these issues with many senior folks. Often I also use a short quiz and set up the scenario:
You have two people in the same role, both are equally productive.
And I ask a series of questions about how one would calculate the pay raise for each. One question is: John comes in early and stays late every day, he works many long hours each week. Tom works his regular schedule but rarely puts in extra time unless asked to help others.

And nearly 3/4 say that they would give John a larger raise.

Do you see the issue? Most do not until I ask why they are rewarding the person who cannot get their work done in a timely manner over the one who does. Remember – the conditions were that both were equally productive. So Tom is doing the same amount and quality of work in less time than John.
As you think about your salary planning for next year, here are some questions to ask yourself. Pick the top three in each and rank order those.

1. Do we want to compensate for:
– individual productivity
– teamwork
– cost of living changes
– our financial success
– increased productivity
– market pricing changes
– seniority
– client growth
– revenue growth (funding growth for non-profits)

2. Will an individual be rewarded with a base salary […]