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Changes to the
Fair Labor
Standards Act
Customer
Presentation
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.
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
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
!
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
Business Impact and
Strategy
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
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?
WorkforceONE Management Strategy
LABOR COST
COMPLIANCE PRODUCTIVITY
ENGAGEMENT
RECRUITMENT
BUSINESS GOALS TALENT
UNION RULES
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
How does it all play out?
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?
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?
ONEMINT Success Strategy
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
ONEMINT Success Strategy
Adjust
employees
and rules
Optimize
schedules
Manage
overtime
Audit and
report
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
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
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.
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.
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
ONEMINT Service Offerings
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
Additional Resources
Resources
 http://www.flsa.com/coverage.html
 https://www.dol.gov/whd/overtime/final2016/
 https://www.shrm.org/legalissues/federalresources/pages/flsa-overtime-
rule-infographic.aspx
 http://blog.dol.gov/2016/05/18/plenty-of-options-with-new-overtime-rule/
 How Does the New Overtime Rule Affect Your Mobile Device Policy?

More Related Content

FLSA ONEMINT Overview

  • 1. Changes to the Fair Labor Standards Act Customer Presentation
  • 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?
  • 9. WorkforceONE Management Strategy LABOR COST COMPLIANCE PRODUCTIVITY ENGAGEMENT RECRUITMENT BUSINESS GOALS TALENT UNION RULES
  • 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
  • 11. How does it all play out?
  • 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
  • 16. ONEMINT Success Strategy Adjust employees and rules Optimize schedules Manage overtime Audit and report
  • 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
  • 25. Resources http://www.flsa.com/coverage.html https://www.dol.gov/whd/overtime/final2016/ https://www.shrm.org/legalissues/federalresources/pages/flsa-overtime- rule-infographic.aspx http://blog.dol.gov/2016/05/18/plenty-of-options-with-new-overtime-rule/ How Does the New Overtime Rule Affect Your Mobile Device Policy?

Editor's Notes

  • #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