Compliance

Proposed Department of Labor Rule to Update Regular Rate Requirements

In late March, the Department of Labor (DOL) announced a proposed rule to clarify and update the regulations governing the regular rate requirements under the Fair Labor Standards Act (FLSA). Unless exempt, an employee’s regular rate of pay is used to determine how much he or she should be paid for working overtime. The FLSA generally requires overtime pay of at least 1.5 times the regular rate for hours worked past 40 hours per week. The proposed rule details what forms of payment employers can exclude when determining an employee’s regular rate of pay. The cost of the following items would no longer apply: Tuition programs Discretionary bonuses Payment for unused paid leave Wellness programs, fitness classes, gym access, onsite...

FLSA Law Update

What new cases and issues are arising regarding FLSA? We’ll discuss the change from a narrow interpretation to a fair interpretation of exemptions by the U.S. Supreme Court and what other courts and the DOL think of it. We’ll also discuss the recently reintroduced opinion letters and the possible increase in the salary level threshold. Speaker: Brian Dershaw BRIAN G. DERSHAW is a partner in Taft Stettinius & Hollister’s Labor & Employment practice group. Brian has broad experience serving as counsel for companies of all sizes. He has appeared in state and federal trial and appellate courts in discrimination, harassment, retaliation, wrongful discharge, non-compete, trade secret and contract litigation. Brian works closely with...

Understanding FMLA Regulations

What is the Family Medical Leave Act (FMLA?) The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave in any given 12-month period for certain medical and family reasons without fear of losing their job. Signed into law in 1993, the FMLA is designed to help employees balance their work and family responsibilities while promoting equal employment opportunity for men and women. Who is Eligible for FMLA? An employee is eligible for FMLA leave if he or she has worked for a covered employer at least 12 months, completed at least 1,250 hours of work during the past 12 months and worked at a location within 75 miles of where the company employs 50 or more people. Keep in...

2019 Social Security Taxable Wage Base

Both employees and employers have to pay social security tax and split the total amount due for each employee. Currently, the social security tax withholding rate is 6.2% for both employees and employers. For those self-employed, the rate is 12.4% because they have no employer to split the tax. However, the Old Age, Survivors and Disability Insurance (OASDI) program sets a limit on how much of an employee’s income can be taxed in a given year. This limit changes each year and is based on the average wage index. The Social Security Wage Base is the maximum gross income on which Social Security tax can be imposed on an employee.The limit is $132,900 for 2019, meaning any income you make over $132,900 will not be subject to social security...

What You Should Know about Imputed Income and Fringe Benefits

Do you drive a company car? Did you receive a gift card from your employer for stellar performance? Guess what—you have to pay taxes on the value of those items. Fringe benefits sometimes are overlooked as taxable income and most employees have never heard of imputed income, but the IRS isn’t looking for excuses. Here’s what you need to know about both. What is Imputed Income? When an employee receives non-cash compensation that’s considered taxable, the value of that benefit becomes imputed income for the employee. Unless specifically exempt, imputed income is added to the employee’s gross (taxable) income. It isn’t included in the net pay because the employee has already received the benefit in some other form. But it is treated as...

Payroll Software with Direct Deposit

Organizations continue to look for ways to become more efficient without compromising service or security and choosing a payroll service that offers direct deposit is a good way to start. Eliminating paper checks from your payroll processing not only saves paper (win for the environment!) but also saves your workforce the hassle and time it takes to cash or deposit every paycheck. The majority of employees today prefer electronic transactions and the immediacy of direct deposit. If you’re considering a new automated payroll solution, it’s worth it to invest in one that can accommodate direct deposit services. But before you buy, review these frequently asked questions about the process. What are the Benefits of Direct Deposit? Instant...

How To Calculate Overtime Pay

Calculating overtime pay continues to be a hot topic. The Department of Labor plans to introduce new federal overtime regulations in 2019 which would redefine the current boundaries of whom is eligible to receive overtime pay. They also plan to revisit the way employers must calculate a worker’s “regular rate of pay” for Fair Labor Standard Act (FLSA) purposes. This could lead to a wider pool of employees receiving overtime wages. But before we get ahead of ourselves, let’s dive into some key factors to remember when calculating overtime. Who Can Receive Overtime? In the workplace, you’re either considered an “exempt” or a “non-exempt” employee based on your specific job duties. Only non-exempt employees are eligible for overtime pay...

Rise Above the Status Quo: An Executive Summary

Our Biggest and Best Web Summit Yet! More than 18,000 people registered for Paycor’s two-day online Rise Web Summit, held in February, where industry experts offered advice on all things HR, from employee engagement to hot button compliance issues. If you didn’t get a chance to watch the webinars live, feel free to watch them on-demand. In the meantime, here’s a quick overview of each session and some of the key takeaways. The Future of HR Now more than ever, executives depend on the unique insights HR can bring to the table. However, there is a problem. Many HR leaders just aren’t thinking big enough. Our keynote speaker, DisruptHR’s Jennifer McClure, outlined four key strategies HR leaders can use to push past their comfort zones and...

RISE Web Summit: Auditing Your Employment Policies and Practices

It seems like you need to be a lawyer to run a business these days doesn’t it? Thankfully, you don’t. But you do have to stay on top of the ever changing employment law landscape and the trends in employment law claims, both on the federal and state level. There is no better way to rise above the risk of being hit with a class action, a DOL complaint, or a harassment or discrimination lawsuit than periodically auditing your employment policies and practices. Join us for this session and we’ll teach you the steps to take and what to look for as you conduct your audit.

RISE Web Summit: Benefits Compliance: Rise Above Common Pitfalls

Compliance with IRS and DOL regulations goes well beyond your major medical and 401(k) plan. From ERISA to COBRA to Section 125 Plans, learn how to avoid (or address) the most common compliance pitfalls BPC has seen over 4 decades of service as a third party administrator. In this session you will hear real life stories and practical tips for keeping your benefits program on the straight and narrow.

RISE Web Summit: The Art of Compliance

HR compliance, tax compliance, OSHA compliance – fill in the blank! Compliance can feel like a Picasso painting or maybe more like a self-destructing Banksy. If you’ve felt the same way, join us as we discuss best practices for designing and molding a robust compliance function. Along the way we’ll share how you can mitigate risk, structure teams, and ultimately transform compliance into a masterpiece.

On Demand: Regions - The Background Screening Landscape Has Changed! Is Your Company Compliant?

Background screening compliance continues to be a changing landscape that poses significant challenges for employers. Between the rising tide of FCRA lawsuits, the growing patchwork of ban the box laws, emerging legislation, litigation and GDPR, it’s not difficult to see why. During this presentation, we explore areas every organization should review including strategies attendees can use immediately to ensure their background check processes do not run afoul of the complex regulations and case law surrounding background checks. Featured Speakers: Dawn Standerwick, VP of Strategic Growth Employment Screening Resources Ginger Blake, VP Commercial Treasury Management Regions Bank