The Fair Labor Standards Act is changing overtime regulations which will impact many organizations. A cross-functional team should be created to understand the changes, assess their impact, and develop a compliance strategy. This strategy may involve increasing salaries, adjusting employee classifications, changing schedules, or hiring additional staff. Technology solutions can help optimize schedules, manage overtime tracking and approvals, and provide insights into compliance reporting. Professional guidance can assist in defining the best compliance approach for each organization.
2. Legal Disclaimer
The information provided herein is confidential. All product information is being provided for
informational purposes only, and any product information pertaining to functionality that is not currently
available (forward-looking product information) is provided as a general outline of the future direction
of our products, and, as such, is subject to change. Any forward-looking product information is not a
commitment to deliver any material, code, or functionality, and should not be relied upon in making
purchasing decisions. The adoption, development and timing of release of any feature or functionality
described in any forward-looking product information set forth herein remain at all times at the sole
discretion of our licensors.
All information pertaining to the any legal requirement discussed herein is provided for informational
purposes only and not for the purpose of providing legal advice. The application of specific laws,
regulations or court decisions may affect certain organizations in a manner that is materially different
than as discussed or contemplated herein, and, therefore, the application of any specific law, regulation
or court decision should be reviewed carefully with a qualified attorney.
3. Executive Summary
Situation:
FLSA changes will impact an organizations workforce management strategy
Organizations need to balance business needs, compliance risk, productivity, and
labor costs when building their workforce strategy
Complication:
Compliance and productivity challenges with manual workforce management
environments
Resolution:
We can help organizations optimize their workforce, minimize compliance risk,
improve productivity and reduce labor costs
4. FLSA Overtime Changes Finalized
Today December 1, 2016
If an employee earns
less than
$455 per week or
$23,600 annually
$913 per week or
$47,476 annually
Then They are eligible for
overtime pay
They are eligible for overtime
pay
Employees who make up to $47,476 per year
will be eligible for overtime.
Effective date: December 1, 2016
Automatic salary threshold increase every three years
!
5. FLSA Compliance Timeline
DOL EXEMPTION RULE CHANGE
3
2
1
Cross-Functional Team
HR, Finance, Operations, IT, Legal
Impact Assessment
Analyze salary
& staffing
Determine impact for workforce
& operations
Strategy
Who gets greater salary levels
Reclass to nonexempt Status
Jobs & operations restructuring
Implementation
System Assessment
Assess impact to your HCM system
Design changes
Create implementation plan & budget
Configure
Make system changes
Unit test changes
Support users acceptance & go live
June-July
August-September
October-November
Effective Dec 1
FLSA
Requirements
7. FLSA Compliance Timeline
DOL EXEMPTION RULE CHANGE
3
2
1
Cross-Functional Team
HR, Finance, Operations, IT, Legal
Impact Assessment
Analyze salary
& staffing
Determine impact for workforce
& operations
Strategy
Who gets greater salary levels
Reclass to nonexempt Status
Jobs & operations restructuring
Implementation
System Assessment
Assess impact to your HCM system
Design changes
Create implementation plan & budget
Configure
Make system changes
Unit test changes
Support users acceptance & go live
June-July
August-September
October-November
Effective Dec 1
FLSA
Requirements
8. Create a Cross-Functional Team to Define
Your Strategy
Cross
Functional
Team
Finance
& IT
HR
Leadership
Operations/
Business
Units
Legal
Executive
Team
Do you understand the details of the
regulation?
Who is impacted? How many hours
do these employees currently work?
What is the budget impact?How will you track the time of the
impacted employees?
What is the impact to your human
capital management (HCM) system?
What is Your Strategy?
Pay overtime? At what rate?Increase salaries?Reduce hours?Hire more employees? Full-time
or part-time?
What is the impact to your
business metrics?
10. Potential Unintended Consequences
The Workforce Institute
81% of employees work outside of standard hours
63% of full-time salaried employees admit they would work off the clock,
even if its against policies
Causes:
Long-term career goals
Urgent deadlines
Too much work
Always connected = always working
12. Mark, the Assistant Manager
Manages 20 hourly workers, works 60 hours/week
Salary: $39,500 per year (unburdened)
Options:
Increase salary to $47,450 and he continues to work 60 hours
per week
Pay him overtime. New yearly compensation is $69,125
Reduce his hours to keep him close to $39,500.
Hire part time worker for 20 hours a week at annual cost of $19,700
Organization decides to increase his salary to $47,450 and
not adjust his hours
Potential impact on retention and engagement?
13. Kate, the Supervisor
Manages 10 hourly workers, works 45 hours per week
Salary: $39,500 per year
Options:
Increase salary to $47,450 and she continues to work 45 hours per
week
Pay her overtime. New yearly compensation is $46,906
Reduce her hours to keep her close to $39,500.
Organization decides to keep her salary and pay her overtime.
Try to limit her hours to 40 per week.
Strategy:
Evaluate employee by employee or by job classifications?
Consistency and impacts on engagement and recruitment?
15. FLSA Compliance Timeline
DOL EXEMPTION RULE CHANGE
3
2
1
Cross-Functional Team
HR, Finance, Operations, IT, Legal
Impact Assessment
Analyze salary
& staffing
Determine impact for workforce
& operations
Strategy
Who gets greater salary levels
Reclass to nonexempt Status
Jobs & operations restructuring
Implementation
System Assessment
Assess impact to your HCM system
Design changes
Create implementation plan & budget
Configure
Make system changes
Unit test changes
Support users acceptance & go live
June-July
August-September
October-November
Effective Dec 1
FLSA
Requirements
17. Adjust Employees and Rules
Ease administration simply and efficiently through the use
of employee profiles
Adjust employees to non-exempt
Update pay rules for employees
Calculate new overtime rates
Effectively manage, monitor, and adjust.
Increase salary for Mark
Adjust Kate to Non Exempt
Adjust pay rules for Kate
18. Optimize Schedules
Build a best-fit schedule, automatically
Business needs
Compliance
Employee requirements
Flag potential compliance issues proactively
Build the best-fit schedule based on the
overall business and compliance strategy.
Union regulations
FLSA / ACA
Build rules to keep Kate
at 40 hours per week in
schedule
19. Manage Overtime Anywhere
Automate and interpret time calculations centrally
Receive notifications of potential compliance issues
Capture time including remote work, travel, meal, and breaks via mobile
Enable employees to attest to time
Automate time from punch to payroll
Simplify the administration and
enforcement of policies.
20. Audit and Report Better Insight
Audit all actions
Historical and real-time reports enable managers to proactively
manage overtime
Dashboards provide insight into overtime trends
Understand when employees are
projected to cross overtime thresholds.
21. What Should You Do Right Now?
Form Cross Functional Team to develop business strategy
Understand impact
Determine employees impacted
Immediately start to track hours worked to allow you to evaluate options for
changes to the business and workforce strategy
Take action
Finalize policy and communicate changes to the organization
Change Human Capital Management systems to support compliance
23. System Expert
Our Human Capital ManageMINT (HCM) solutions and service offerings
are compliance enablers for your organization:
Customer
Define Compliance
Strategy and
Implement FLSA
Policy
Us
Provide Solutions and
Services to Enable
FLSA Compliance
We do not endorse or recommend any specific compliance strategy
#5: The following are the changes to the Fair Labor Standards Act.
Go through this slide box by box.
Source: https://www.dol.gov/whd/overtime/final2016/
#9: Step 1 is for the employer to define their workforce strategy. FLSA compliance is just one piece of this strategy. We recommend that this is not done by just one organization but rather, by a cross functional team of key stakeholders. FLSA will impact many parts of the organization and some of the key stakeholders should bring into building the strategy include HR, finance, legal, and the executive team.
#10: An organizations FLSA plan should be evaluated as part of its overall approach to workforce management, including strategies for managing labor costs, minimizing compliance risk, improving productivity, and enhancing employee engagement.
Script
#13: Let's go through some examples
Here we have Mark, an assistant manager. He has a fairly large team of 20 hourly workers.
He works on average 60 hours per week including some of these hours being at home.
Mark is an example of an employee who was previously exempt from overtime but now is eligible for overtime due to his salary level of $39,500.
Here are your options:
Increase salary to $47,450 and he continues to work 60 hours per week
Pay him overtime, do not reduce salary. New yearly compensation is $69,125
Reduce his hours to keep him close to $39,500.
Hire part time worker to work 20 hours a week at annual cost of $19,700
In this case the organization decides to increase his salary to $47,450.
HOWEVER, what if this organization is in a competitive market and the competitors decide to pay overtime? Is there a risk of losing Mark? What about Marks engagement level. He may have been excited that he was going to get overtime and now you have a potential disgruntled employee on your hands.
#14: Here we have Kate, who has a staff of 10 hourly workers.
Notice her title is different than Mark. Kate is a SUPERVISOR.
Her salary is the same as Mark at $39,500 but she only works 45 hours a week.
Options:
Increase salary to $47,450 and she continues to work 45 hours per week
Pay her overtime. New yearly compensation is $46,906
Reduce her hours to keep her close to $39,500.
Organization decides to keep her salary and pay her overtime. Try to limit her hours to 40 per week.
What is key is that Kate has a different job title than Mark.
Are you going to evaluate every employee?
Are you going to group employees together?
What is the impact to job classifications?
#15: Now that you have built your strategy, you need to focus on the implementation
#17: There are many challenges with implementing a strategy in an automated or semi-automated environment. Walk through each of these
#18: Its through the HR, Payroll and Time Management systems where users can simply and easily adjust employees. This includes exempt to non exempt and
You should utilize your time management system to adjust the rules around time and your HR solution to adjust the employees from exempt to non exempt
AS THINK ABOUT THE PERSONA IDEAS TO GET THE TOUCH POINTS
THE NEXT IS AN EXTENSION.
DONT WORRY ABOUT THE VISUAL
IF THEY ARE ON COCTAIL MESSAGES
#19: There are automated labor scheduling solutions that lets managers accurately create best-fit schedules that align labor with anticipated demand while adhering to all company, union, and regulatory scheduling policies including the Fair Labor Standards Act. Because even the best-planned schedules require on-the-fly adjustments, scheduling software lets managers react to changes swiftly and decisively using real-time data.
In addition, planners can set maximum hours over an extended period of time to help with FLSA compliance.
Lastly, the solutions can also be proactive in warning the manager or scheduler when there is a potential FLSA compliance issue.
#20: Pay rules are complex, confusing and subject to interpretation. This includes overtime rules. When pay rules are applied manually, overtime may be inconsistency applied. By deploying overtime pay policies in a single, centralized system this helps ensure those policies are consistently applied, eliminating interpretation error. These policies include determining when employees are eligible for overtime.
Your timekeeping solution typically offers the ability to understand the hours employees have worked, you can then adjust their schedules as needed to minimize the overtime.
In addition, its through your timekeeping system that you will have the audit trails and records to reduce the time and cost to prepare for legal action.
Reduce time and cost of preparing for legal action through detailed auditing
#21: Managers can create trigger based alerts that notify them when an employee is approaching a certain number of hours worked including overtime. Alerts can be prioritized and personalized.
For example, lets say an employer does not want an employee to be more working more than 40 hours.
When it is projected that, based on hours worked and hours scheduled, the employee will exceed 40 hours, an alert will be generated.
Timekeeping solutions allow managers to understand when employees are projected to cross time thresholds, including FLSA limits. These alerts are proactive in that they enable time for adjustment.
#24: The Customer defines their compliance strategy & implements their specific FLSA policy
Whereas our experts will provide solutions and services to support the Customers FLSA compliance strategy