A new tool for employee temperature checks ensures safety and security of workers
As employers begin to move employees back into the workplace, they have to be mindful of new legal guidance that has come from the CDC and HIPAA. In regards to new legal guidelines set into place, employers and management teams will now have to check employee temperatures. Read this blog post to learn more.
Temperature checks will be mandated at workplaces once employees return to the office, due to legal guidance from the Centers for Disease Control and Prevention, but privacy concerns could heat up among workers concerned for their security.
“It’s now permissible to take employee temperatures, but if employers store it and keep track of it, there’s no exemption from HIPAA and identity laws,” says Dan Clarke, president of IntraEdge — an Arizona-based tech company.
IntraEdge developed a kiosk that privately takes employees’ temperatures, and only shares the results with the employee, keeping any health information concealed from HR. Instead, managers are simply notified if the kiosk gave their employee permission to enter the office, or not, which completely eliminates the potential for HIPAA violations, Clarke says. The kiosk, called Janus, can also prevent sick employees from entering the office if their temperature is too high.
Clarke spoke in a recent interview about how Janus can help employers protect their workforce, while adhering to privacy laws.
How does Janus help prevent the spread of COVID-19?
If we want to limit exposure to COVID-19, we can’t assign someone in the office to take everyone’s temperature; it’s not efficient and it puts more people at risk. Employers need a digital solution, one that puts them in compliance with HIPAA and privacy laws.
Janus uses an accurate thermal camera to take the temperature of the user. Before using it, employees would need to sign up online and provide information to confirm their identity. After that’s done, they’d go to the kiosk and present their identification through their phone. The kiosk will ask them a few questions about how they’re feeling and the camera will take their temperature. The normal temperature range for each employee is personalized based on the individual’s age and medical history. Many people don’t realize our normal temperature increases as we age. If an employee reads at an unhealthy temperature, they’re not allowed inside the office.
How does this help employers stay compliant with HIPAA and other privacy laws?
Employers don’t have access to their worker’s medical history, or the temperatures read by Janus. The kiosk doesn’t display an employee’s temperature on screen. Instead, the employee will receive a text message telling them their temperature and whether they’re allowed inside the office. Printouts are also available for employees who don’t have smartphones.
Is HR or a manager notified when employees aren’t allowed in the office?
Janus doesn’t share with HR what employees’ temperatures were, only if they were given a “yes” or “no” to enter the office. They can receive a text message whenever an employee is given a “no.” This helps employers stay compliant with HIPAA and privacy laws because they never see the full results, and they’re not stored. But it also helps them keep track of their workforce.
It can also be programmed to notify a security officer that someone didn’t pass the temperature check to ensure compliance. We can also program the kiosk to distribute security badges only to employees who pass the temperature check.
Before coronavirus, employees sometimes came to work sick out of fear their colleagues/managers would question their dedication to their job. Do you think this product will help change that after the crisis is over?
I think the crisis is changing the perception of remote work enough that people will be comfortable saying they’re going to work from home when they don’t feel well. Janus can definitely help enforce it, if the employer chooses, but we wanted to ensure it was useful for employers after the crisis is over. It can also be used to clock employees in and out for work and as office security.
SOURCE: Webster, K. (08 June 2020) "A new tool for employee temperature checks ensures safety and security of workers" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/news/a-new-tool-for-employee-temperature-checks-ensures-safety-and-security-of-workers
Employers: Make small talk with your remote workers
Working remotely is becoming a trend across many companies, and with that may come a lack of communication between employees and employers. Being intentional with communication strategies is necessary, especially to overcome different challenges that may arise within the working remotely environment. Continue reading this blog post to learn more regarding practices for managing and communicating with remote workers.
Technology makes it easier than ever to work from home, but it’s not the most important ingredient for managing a productive remote workforce.
While full-time remote work is still uncommon, employers are using the benefit to help their workforce achieve better work-life balance. Last year, 69% of employers allowed employees to work from home as needed, according to the Society for Human Resource Management’s 2019 Benefits Survey. And 42% of employers agree to let workers do it part-time, or select days of the workweek. As this perk continues to trend, it’s crucial for employers to adopt a strategy for managing people they don’t see every day.
“As a manager, people skills are crucial when your team isn’t working in the same space,” says Melissa Marcello, associate vice president at Champlain College Online — a Vermont-based employer with a large remote workforce. “When you’re relying on technology to get the work done, you really need to be intentional about your communication strategy to be successful.”
Marcello spoke with Employee Benefit News about best practices for managing remote workers.
What are some of the challenges of having a remote workforce?
While working from home gives employees the flexibility to live wherever they want and maintain better work-life balance, it can be challenging for managers to monitor everyone. Communication has to be more proactive when you can’t walk over to someone’s desk to talk about a project. Teams also need to be more organized and set clear deadlines when team members are working in different time zones.
What strategies do employers need to manage a remote workforce?
Good management skills need to be even more pronounced when you’re managing a team scattered all over the country. Managers need to have a clear vision and set clear goals to make sure everyone on the team is successful. They also need to put effort into developing relationships with individual team members and the group.
How do managers foster relationships with remote workers?
By checking in with them regularly, whether it’s by instant messaging, video conferencing or phone calls. And don’t just talk about work; ask them about what’s going on in their personal lives and about their interests. Send them funny videos over instant messaging. None of these things are wasting time. It’s what you’d do if you saw them every day in an office setting. These are the little things that build strong teams.
What tools do you need to successfully incorporate remote workers?
You need to have a space where everyone can participate in projects even when you’re not all together at the same place, or time zone, working on something. There are many digital platforms that accomplish this; our organization has been successful using G Suite.
It’s one thing to have the tools. It’s another thing to set expectations on how we use those tools and when to provide feedback. A good manager is able to harness digital tools and set the norms for a team, even if they’re in different locations.
How can remote employees ensure they remain productive?
Creating a sacred, designated work space in the home is really helpful. Claim a room in the house where you can shut the door and be dedicated to work, so everyone in the house knows you need to focus. If that’s not an option, coworking spaces are becoming increasingly popular — and you don’t have to worry about keeping your personal life and work separate.
SOURCE: Webster, K. (10 February 2020) "Employers: Make small talk with your remote workers" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/news/employers-communicate-with-your-remote-workers
Top 4 HR trends to watch this year
How can HR professionals better engage employees, improve an organization's brand, and maximize productivity and profitability? Their success will rely on HR departments staying nimble and leveraging technological advances to help reshape workplace practices. Here are four HR trends to watch this year:
HR professionals can no longer rest on their laurels. They are now looking to implement innovative strategies to better engage employees, improve the company’s brand both internally and externally, maximize productivity and increase the organization’s profitability.
So how can HR professionals go about making this happen? The success of HR will largely be based on staying nimble, evolving their organization’s policies and leveraging technological advances to ultimately reshape their workplace practices.
With that in mind, here are the top HR trends that will take center stage:
The gig economy and the importance of flexibility. The gig economy, which is comprised of individuals with short-term or temporary engagements with a company, is substantially important to employers. Here, workers are seeking increased flexibility and control over their work environments. Since many questions remain unanswered regarding worker classification issues and the application of existing laws in the gig economy, look for the Department of Labor to issue an opinion letter or guidance in 2019 detailing how a company may compliantly work within the gig economy and not run afoul of existing independent contractors.
Flexibility also is important for all employees — not just for the gig economy. While telecommuting and remote positions are not new, they are being emphasized again to better engage employees and increase retention metrics.
The tech effect on future of HR. The strategic and consistent use of workforce data analytics to predict and improve a company’s performance has exploded over the last several years, with additional momentum expected in 2019. While most HR professionals rely on metrics for basic recruiting and turnover rates, more in-depth analytics and trend spotting has become the norm.
Once trends are identified in, for example, turnover rates, an HR professional should have the tools to dive into the data and analyze root causes, such as the need for manager training, review of compensation strategies or a change in the company’s culture. Using predictive analytics in the HR space is helping companies make better informed, dynamic and wiser decisions based on historical data, as well as placing HR on the level of other data-driven company departments, such as finance and marketing.
The collection of this enormous amount of data also poses challenges and potential risks to companies, including negative perceptions among employees about how their data is being used, employee privacy laws and potential security breaches. Strong and comprehensive security policies, protocols and controls are necessary to ensure employers are keeping their employees’ data safe. In 2019, a steady flow of communications to employees regarding advanced security and usage policies is key to prevent data misuse or misunderstanding regarding how information is collected and used.
Artificial intelligence also will continue to be a significant focus driving improvement in the HR arena. Determining which data to collect, analyze and protect will provide opportunities for AI to assume a larger role in HR. Also, in some large organizations, AI already is being used for more than just automating repetitive HR tasks, such as onboarding new employees. The future of AI for most companies will include creating more personalized employee experiences as well as supporting critical decisions. From analyzing performance data to eliminating biases when screening candidates, AI will continue to be a pivotal HR tool.
Strategies for successful recruitment. Running an effective talent pipeline should be the objective of all hiring endeavors. Pipelining is consistently gaining traction as a recruitment tool for new employees. The concept employs marketing concepts to ensure that companies have a diverse group of strong recruits waiting to be hired. Pipelining reduces time to hire and leads to better quality candidates.
Health, wellness and adequate employee training. Another area of importance is multi-faceted wellness programs, which focus on an employee’s total well-being, from nutrition to financial wellness. These programs often include a comprehensive employee assistance program, training and activities during worktime. The training can focus on anything from physical health to development of employees’ knowledge base and technology-focused education. A greater emphasis also is being placed on workplace communication coaching, such as collaboration and negotiation, which are critical to success in the workplace.
Continued training and heightened prevention of sexual harassment and discrimination will be another trend this year. Organizations big and small must ensure that compliant policies are in place and employees are trained on the policies. Several states including California, New York, Connecticut and Maine already mandate that private employers must provide harassment training to workers, and the number of states requiring this training is expected to increase in the coming years.
SOURCE: Seltzer, M. (03 January 2020) "Top 4 HR trends to watch this year" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/top-4-hr-trends-to-watch-this-year
DOL issues finalized overtime regulation
The DOL recently released their finalized overtime rule. This new rule raises the minimum salary level to $35,568 per year for a full-year worker to earn overtime wages. Read this blog post from Employee Benefit News to learn more about this new rule.
The DOL on Tuesday released its highly anticipated finalized overtime rule, raising the minimum salary level to $35,568 per year for a full-year worker to earn overtime wages.
“Today’s rule is a thoughtful product informed by public comment, listening sessions and long-standing calculations,” Wage and Hour Division Administrator Cheryl Stanton says in a statement. “The DOL’s wage and hour division now turns to help employers comply and ensure that workers will be receiving their overtime pay.”
The final rule, effective Jan. 1, 2020, updates the earnings thresholds necessary to exempt executive, administrative or professional employees from the FLSA’s minimum wage and overtime pay requirements, and allows employers to count a portion of certain bonuses (and commissions) toward meeting the salary level.
The new thresholds account for growth in employee earnings since the currently enforced thresholds were set in 2004. In the final rule, the department is:
- Raising the standard salary level from the currently enforced level of $455 to $684 per week (equivalent to $35,568 per year for a full-year worker);
- Raising the total annual compensation level for highly compensated employees from the currently-enforced level of $100,000 to $107,432 per year;
- Allowing employers to use nondiscretionary bonuses and incentive payments (including commissions) that are paid at least annually to satisfy up to 10% of the standard salary level, in recognition of evolving pay practices; and
- Revising the special salary levels for workers in U.S. territories and in the motion picture industry.
This finalized rule is a shift from the previous administration's proposed rule, which would have doubled the salary threshold.
Under the Obama administration, the Labor Department in 2016 raised the minimum salary to roughly $47,000, extending mandatory overtime pay to nearly 4 million U.S. employees. But the following year, a federal judge in Texas ruled that the ceiling was set so high that it could sweep in some management workers who are supposed to be exempt from overtime pay protections. Business groups and 21 Republican-led states then sued, challenging the rule.
The overturning of the 2016 rule that increased the salary level from the 2004 level has created a lot of uncertainty, says Susan Harthill, a partner with Morgan Lewis. The best way to create certainty is to issue a new regulation, which is what the administration's done, Harthill adds.
While the final rule largely tracks the draft, there are two changes that should be noted: the salary level is $5 higher and the highly compensated employee salary level is dramatically reduced from the proposed level, she says.
“This is an effort to find a middle ground, and while it may be challenged by either or maybe both sides, the DOL’s salary test sets a clear dividing line between employees who must be paid overtime if they work more than 40 hours per week and employees whose eligibility for overtime varies based on their job duties,” Harthill adds.
The DOL estimates 1.3 million employees could now be eligible for overtime pay under this rule (employees who earn between $23,600 and $35,368 no longer qualify for the exemption).
A majority of business groups were critical of Obama’s overtime rule, citing the burdens it placed particularly on small businesses that would be forced to roll out new systems for tracking hours, recordkeeping and reporting.
SHRM, for example, expressed it's opposition to the rule, noting it would have fundamentally changed the rules for employee classification, dramatically increased the salary under which employees are eligible for overtime and provided for automatic increases in the salary level without employer input.
“Today’s announcement finalizing DOL’s overtime rule provides much-needed clarity for workplaces," SHRM says in a statement. "This rule marks the first increase to the salary threshold since 2004 and gives employers more flexibility to plan for the future. We appreciate DOL’s willingness to work with SHRM, other organizations and America’s workers to enact an overtime rule that benefits both employers and their employees.”
But the finalized rule still will have implications for employers.
“Education and health services, wholesale and retail trade, and professional and business services, are the most impacted industries, according to DOL, but all industries are potentially impacted,” Harthill, also former DOL deputy solicitor of labor for national operations, adds. “Also often overlooked is the impact on nonprofits and state and local governments, which are subject to the FLSA and often have lower salaries.”
All companies should be taking a close look at their employees to make sure workers are properly classified, but what they do after that will depend entirely on individual business needs, she says. “Some will hire additional employees to reduce the amount of overtime, while others will just pay overtime if their workers in this salary bracket spend more than 40 hours a week on the job.”
Employers who haven’t already reviewed their exempt workforce should do so now, before the Jan. 1 effective date, Harthill advises.
“They can opt to pay overtime, raise salary levels above $35,368, or review and tighten policies to ensure employees do not work more than 40 hours per week,” she says. “There could be job positions that need to be reclassified and that might have a knock-on effect for employees who earn above the new salary level.”
Many employers increased their salaries when DOL issued the 2016 rule, and some states have higher salary levels, so not all businesses will need to make an adjustment. “But even those employers should review their highly compensated employees — they may still be exempt even if they earn less than $107,432 but the analysis will be more complicated,” she adds.
“We did not hear any objections from employers when these rules were initially proposed," adds Jason Hammersla, vice president of communications at the American Benefits Council. "That said, aside from the obvious compensation and payroll tax implications, this rulemaking is significant for employers who include overtime compensation in the formula for retirement plan contributions as it could increase any required employer contributions."
"The change could also affect plans that exclude overtime pay from the plan’s definition of compensation if the new overtime pay causes the plan to become discriminatory in favor of highly compensated employees," he adds.
SOURCE: Otto, N. (24 September 2019) "DOL issues finalized overtime regulation" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/dol-issues-finalized-overtime-regulation
What would change if your employees were CEO for a day?
How is your workplace culture? New data shows that employees are 4.6 times more likely to contribute their best work when they feel like their voices are being heard. Read this blog post from Employee Benefits News to learn more about building a strong workplace culture.
When employees feel like their voices are being heard, they are reportedly 4.6 times more likely to contribute their best work, according to SalesForce data. Ultimately, knowing that the company is interested in what employees have to say builds trust and encourages loyalty among members of the workforce.
Respect is the most important leadership behavior, according to a Georgetown University survey of nearly 20,000 employees. More than merely listening, making employees a part of a two-way conversation shows that the company values their opinions.
With this in mind, we set out to develop a process to help Nearmap increase workplace communication. Along the way, we found that creating opportunities for interaction, encouraging honest participation and involving executive participation were all keys to building a stronger corporate culture.
Invite employee interaction
We recognized that we needed a conversation starter to open the lines of communication and spark a little enthusiasm. We discovered that engagement surveys work the best for our circumstances because they’re quick and easy to take, which results in high completion rates.
We like to include thought-provoking questions like “if you were CEO for a day, what is the one thing you would change?” to keep the employees engaged. At first, that particular question provided some of our most entertaining suggestions, including “free umbrellas for all,” “I would like the CEO’s paycheck,” “change my LinkedIn profile,” and “put margarita slushy machines in the kitchen.” When employees saw that the CEO responded to every answer, they realized that we were taking the feedback seriously, and that changed the tone of their responses.
Anonymity invites honest responses
It was essential to Nearmap that we collect unfiltered, honest feedback from our employees. This meant reassuring participants that their responses were completely anonymous. We believe this confidentiality encouraged authentic and candid submissions from employees that otherwise would have remained silent for fear of reprimand or judgment.
For instance, we’ve received excellent insights about driving the strategy and growth of the business, giving Nearmap valuable concepts that we’ve been able to embed into the business.
In addition, we present the survey results back to the employees so they can see how their thoughts align with those of their co-workers. We believe this commitment to being open is an excellent way to motivate honest dialog.
Executive participation leads by example
When the survey concludes, we group all of the responses under different headings, such as collaboration and communication, marketing, mission, planning, product, compensation, recognition, and general. Then, our CEO, Rob Newman, gets together with other executives to provide answers and comments on many of the submissions. In turn, those responses are shared with the employees via the HR newsletter and on our company collaboration app.
In reply to an inquiry about creating a green initiative for the company, our CEO shared a list of active programs that Nearmap was involved in to reduce not only our carbon footprint but also that of our customers as well.
While we may not know what we would change if we were the CEO for a day, we are convinced that employee interaction, honest responses and executive participation are reliable and important ways to make impactful connections with our employees and build a stronger corporate culture in our company.
SOURCE: Steel, S. (13 September 2019) "What would change if your employees were CEO for a day?" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/what-would-change-if-your-employees-were-ceo-for-a-day
Survey: What Employees Want Most from Their Workspaces
This year, employers across the country are expected to spend an average of $3.6 million on employer-sponsored wellness programs. Some of the benefits companies are investing in include onsite gyms, standing desks, meditation rooms and nursing hotlines. Continue reading this blog post to learn more about what employees want most out of their workspaces.
In an effort to support a healthier and more productive workforce, employers across the country are expected to spend an average of $3.6 million on wellness programs in 2019. Think onsite gyms. Standing desks. Meditation rooms. Nursing hotlines. These are just some of the benefits companies are investing in.
But is any of it paying off?
The results of a recent Harvard study suggest that wellness programs, offered by 80% of large U.S. companies, yield unimpressive results — and our findings mirror this. Future Workplace and View recently surveyed 1,601 workers across North America to figure out which wellness perks matter to them most and how these perks impact productivity.
Surprisingly, we found employees want the basics first: better air quality, access to natural light, and the ability to personalize their workspace. Half of the employees we surveyed said poor air quality makes them sleepier during the day, and more than a third reported up to an hour in lost productivity as a result. In fact, air quality and light were the biggest influencers of employee performance, happiness, and wellbeing, while fitness facilities and technology-based health tools were the most trivial.
Organizations have the power to make improvements in these areas, and they need to, both for their workers and themselves. A high-quality workplace — one with natural light, good ventilation, and comfortable temperatures — can reduce absenteeism up to four days a year. With unscheduled absenteeism costing companies an estimated $3,600 annually per hourly worker and $2,650 each year for salaried workers, this can have a major impact on your bottom line.
Other research finds that employees who are satisfied with their work environments are 16% more productive, 18% more likely to stay, and 30% more attracted to their company over competitors. Two-thirds of our survey respondents said that a workplace focused on their health and wellbeing would make them more likely to accept a new job or keep the job they have. This means that companies willing to adapt to an employee-centric view of workplace wellness will not only increase their productivity, they will also improve their ability to attract and retain talent.
To get started, here are three steps you can take to improve your work environments and the wellbeing of your employees:
1. Stop spending money on pointless office perks. A good rule of thumb is to never assume that you know what your employees want — but instead, find ways to ask them. If more employers did, they might put less emphasis on office perks that only a minority of employees will take advantage of (like an onsite gym), and more on changes in the workplace environment that impact all employees (like air quality and access to light).
The number one environmental factor cited in our survey was better air quality. Fifty-eight percent of respondents said that fresh, allergen-free air would improve their wellness. Fifty percent said they would work and feel better with some view of the outdoors, while one third said they would want the ability to adjust the temperature in their workspace. Only one in three survey respondents characterized their office temperature as ideal.
Noise distractions bothered more than a third of those surveyed, impacting their ability to concentrate. Employees said sounds like phones ringing, typing on keyboards, and distractions from coworkers all impacted their concentration.
Almost half of our respondents wanted to see their companies improve these environmental factors, and in many instances, more than they wanted to be offered office perks. The first step, then, is to take a look at where you are spending your money, and consider cutting expenses that aren’t worth the cost.
2. Personalize when possible. We’ve all gotten used to personalizing our outside-of-work lives. We binge the shows we want to watch and listen to the music we like to hear, even if our partners or friends have different preferences. We adjust our thermostats without having to get up off our couches, and dim our lights to our level of satisfaction.
Employees are beginning to expect these same privileges in the workplace. Our survey revealed that employees, by a margin of 42% to 28%, would rather be able to personalize their work environment than opt for unlimited vacation. Specifically, what employees want to personalize:
- Workspace temperature: Nearly half want an app that will let them set the temperature in their workspace.
- Overhead and desk lighting: One-third wants to control their overhead and desk lighting, as well as the levels of natural light streaming in.
- Noise levels: One-third would like to “soundscape” their workspace.
While these asks may sound exclusive to the personal offices of higher-ups — they’re not. Hewlett Packard Enterprise headquarters is just one example of a company that has managed to help employees control the noise level in an open floor plan. Their building was actually designed to manage ambient sound in order to reduce worker distractions. Some companies like Regeneron Pharmaceuticals, have gone a step further, allowing employees to control the amount of natural light streaming in through the glass of their office windows with a cell phone app.
But for organizations that don’t want to invest in a completely new building, there is a more organic route. Cisco, for example, has managed the acoustic levels in their space by creating a floor plan without assigned seating that includes neighborhoods of workspaces designed specifically for employees collaborating in person, remotely, or those who choose to work alone.
This same strategy applies to light or temperature. You can position employees who want a higher temperature and more light around the edge of your floor plan, and those who like it quieter and cooler in the core.
3. Create a holistic view of workplace wellness. When deciding what changes to make to your organization, remember that workplace wellness is not just about the physical health of your employees. It includes physical wellness, emotional wellness, and environmental wellness. To create a truly healthy work environment, you must take all three of these areas into consideration:
- Emotional wellness: Give employees access to natural light, and quiet rooms where they can comfortably focus on their work.
- Physical wellness: Provide people with healthy food options, and ergonomically designed work stations.
- Environmental wellness: Make sure your workspaces have adequate air quality, light, temperature, and proper acoustics.
Companies that adapt to a more holistic view of workplace wellness will soon realize no one department alone can solve the puzzle. Our study results, along with the results from the World Green Building Council report, push organizations to take a closer look at what changes they can make that will actually matter. My suggestion: consider how you can get back to the basics employees want, and invest in the core areas that will have the most impact.
DOL Offers Wage and Hour Compliance Tips in Three Opinion Letters
On July 1, the U.S. Department of Labor (DOL) released three opinion letters that address how to comply with the Fair Labor Standards Act (FLSA) regarding wage and hour issues. Continue reading this blog post to learn how the agency would enforce statutes and regulations specific to these situations.
The U.S. Department of Labor (DOL) issued three new opinion letters addressing how to comply with the Fair Labor Standards Act (FLSA) when rounding employee work hours and other wage and hour issues.
Opinion letters describe how the agency would enforce statutes and regulations in specific circumstances presented by an employer, worker or other party who requests the opinion. Opinion letters are not binding, but there may be a safe harbor for employers that show they relied on one.
The DOL Wage and Hour Division's July 1 letters covered:
- Permissible rounding practices for calculating an employee's hours worked.
- How to apply the "highly compensated employee" exemption from overtime pay to paralegals who are employed by a trade organization.
- How to calculate overtime pay for nondiscretionary bonuses that are paid on a quarterly and annual basis.
Here are the key takeaways for employers.
Rounding Practices
One letter reviewed whether an organization's rounding practices are permissible under the Service Contract Act (SCA), which requires government contractors and subcontractors to pay prevailing wages and benefits and applies FLSA principles to calculate hours worked.
The employer's payroll software extended employees' clocked time to six decimal points and then rounded that number to two decimal points. When the third decimal was less than .005, the second decimal was not adjusted, but when the third decimal was .005 or greater, the second decimal was rounded up by 0.01. Then the software calculated daily pay by multiplying the rounded daily hours by the SCA's prevailing wage.
Employers may round workers' time if doing so "will not result, over a period of time, in failure to compensate the employees properly for all the time they have actually worked," according to the FLSA.
"It has been our policy to accept rounding to the nearest five minutes, one-tenth of an hour, one-quarter of an hour, or one-half hour as long as the rounding averages out so that the employees are compensated for all the time they actually work," the opinion letter said.
Based on the facts provided, the DOL concluded that the employer's rounding practice complied with the FLSA and the SCA. The rounding practice was "neutral on its face" and appeared to average out so that employees were paid for all the hours they actually worked.
For employers, the letter provides two significant details, said Marty Heller, an attorney with Fisher Phillips in Atlanta. First, it confirms that the DOL applies the FLSA's rounding practices to the SCA. Second, it confirms the DOL's position that computer rounding is permissible, at least when the rounding involves a practice that appears to be neutral and does not result in the failure to compensate employees fully over a period of time, he said.
Patrick Hulla, an attorney with Ogletree Deakins in Kansas City, Mo., noted that the employer's rounding practice in this case differed from many employers' application of the principle. Specifically, the employer was rounding time entries to six decimal places. Most employers round using larger periods of time—in as many as 15-minute increments, he said.
"Employers taking advantage of permissible rounding should periodically confirm that their practices are neutral, which can be a costly and time-consuming exercise," he suggested.
Exempt Paralegals
Another letter analyzed whether a trade organization's paralegals were exempt from the FLSA's minimum wage and overtime requirements. Under the FLSA's white-collar exemptions, employees must earn at least $23,660 and perform certain duties. However, employees whose total compensation is at least $100,000 a year are considered highly compensated employees and are eligible for exempt status if they meet a reduced duties test, as follows:
- The employee's primary duty must be office or nonmanual work.
- The employee must "customarily and regularly" perform at least one of the bona fide exempt duties of an executive, administrative or professional employee.
Employers should note that the DOL's proposed changes to the overtime rule would raise the regular salary threshold to $35,308 and the highly compensated salary threshold to $147,414.
Because "a high level of compensation is a strong indicator of an employee's exempt status," the highly compensated employee exemption "eliminates the need for a detailed analysis of the employee's job duties," the opinion letter explained.
The paralegals described in the letter appeared to qualify for the highly compensated employee exemption because all their duties were nonmanual, they were paid at least $100,000 a year, and they "customarily and regularly" perform at least one duty under the administrative exemption.
The letter cited "a litany of the paralegals' job duties and responsibilities—including keeping and maintaining corporate and official records, assisting the finance department with bank account matters, and budgeting—that are directly related to management or general business operations," the DOL said.
The DOL noted that some paralegals don't qualify for the administrative exemption because their primary duties don't include exercising discretion and independent judgment on significant matters. But the "discretion and independent judgment" factor doesn't have to be satisfied under the highly compensated employee exception.
Calculating Bonuses
The third letter discussed whether the FLSA requires an employer to include a nondiscretionary bonus that is a fixed percentage of an employee's straight-time wages received over multiple workweeks in the calculation of the employee's regular rate of pay at the end of each workweek.
Under the FLSA, nonexempt employees must be paid at least 1 1/2 times their regular rate of pay for hours worked beyond 40 in a workweek, unless they are covered by an exemption—but the regular rate is based on more than just the employee's hourly wage. It includes all remuneration for employment unless the compensation falls within one of eight statutory exclusions. Nondiscretionary bonuses count as remuneration and must be included in the calculation.
"An employer may base a nondiscretionary bonus on work performed during multiple workweeks and pay the bonus at the end of the bonus period," according to the opinion letter. "An employer, however, is not required to retrospectively recalculate the regular rate if the employer pays a fixed percentage bonus that simultaneously pays overtime compensation due on the bonus."
The annual bonus, in this case, was not tied to straight-time or overtime hours. Based on the facts provided by an employee, the DOL said that after the employer pays the annual bonus, it must recalculate the regular rate for each workweek in the bonus period and pay any overtime compensation that is due on the annual bonus.
For the quarterly bonuses, the employee received 15 percent of his straight-time and overtime wages so they "simultaneously include all overtime compensation due on the bonus as an arithmetic fact," the DOL said.
SOURCE: Nagele-Piazza, L.(2 July 2019) "DOL Offers Wage and Hour Compliance Tips in Three Opinion Letters" (Web Blog Post). Retrieved from https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/DOL-Offers-Wage-and-Hour-Compliance-Tips-in-Three-Opinion-Letters.aspx
Culture is what employers ‘do when no one is looking’
Second to compensation, culture is one of the primary reasons employees leave. According to a recent survey, 30 percent of job seekers left new positions after 90 days because of company culture. Read this blog post to learn more.
Employers advertise their values to attract like-minded talent, but if organizations don’t practice what they preach, they risk watching that talent walk right out the door.
Second to compensation, company culture is one of the primary reasons employees leave a company, according to the 2018 Jobvite Job Seeker Insights Survey. A good fit is so important that 30% of job seekers left brand-new positions after just 90 days because they didn’t like the company’s culture, the study said.
“It’s interesting that people think about culture in terms of what they want it to be, not what it actually is,” Mita Mallick, head of diversity and cross-cultural marketing at Unilever, said Wednesday at the Greenhouse Open Conference. “Culture is defined by what you do when no one’s looking.”
Mallick and Jennifer Turner — an HR strategy consultant at Alphabet, Google’s parent company — engaged in a panel discussion on creating an inclusive company culture during the conference. As HR professionals managing large teams, they agreed employers need to take initiative to establish healthy work environments.
“Creating an environment where women and people of color feel comfortable needs to be a priority,” Turner said. “Including their voices is how you make that happen.”
Turner recognized that some marginalized employees won’t feel comfortable speaking up about problems with company culture — especially if they have less job experience. Mallick and Turner said it’s helpful for these employees to find allies in senior level coworkers who can advocate for them.
“Early in my career, I know I didn’t feel comfortable raising my hand and saying, ‘That’s not OK,’” Mellick said. “I’m much more confident now.”
Mallick spoke about a time when she felt she needed to step up for employees who are mothers. Unilever was in the middle of planning a new campus in New Jersey, complete with a mother’s room for nursing. After viewing the plans, Mallick said it was clear the designers didn’t ask any of their female employees what they’d like to get out of the room. From her own experience as a mother, she said it would be most helpful if the room also functioned as a co-working space; the plan she was presented with didn’t have those elements.
“I asked [the men], ‘Have you ever nursed before?’ And, of course, they said no,” Mallick said. “Some of the men were getting grouchy, saying they were just trying to do the right thing. But that’s just an example of failure in not trying to connect who you were trying to serve.”
“If you don’t, it happens organically,” Mallick said. “There are people who will try to fill the culture.”
Turner spoke briefly about Google’s transition from startup to global enterprise, a change that required the company to redesign its culture. She said Google was able to bridge traditional office hierarchies with Google’s original culture by training managers to act like coaches. The founders hoped this management structure would perpetuate their original value — teamwork.
“Our founders felt uncomfortable with the word ‘management,’” Turner said. “But you need it at larger companies to organize jobs.”
Both women emphasized the importance of conducting regular employee surveys to determine engagement levels. Mellick said lower-level employees often feel more comfortable providing honest feedback in surveys. She believes this is the best way to “hold leadership accountable.”
“Sometimes there are some bad actors who continue to slip by without living by your company’s values because they produce results,” Mellick said. “It’s important to listen to employee feedback because these productive jerks can be an overpowering force that creates fear in your workforce.”
Turner said employers who are serious about their company’s core values need to conduct regular performance reviews for managers and take their lower-level employees’ feedback seriously.
“We want our leadership to stand up for us and believe what comes from their mouth,” Turner said. “If leaders don’t live by [the company’s] values, how can the culture be that way?”
SOURCE: Webster, K. (14 June 2019) "Culture is what employers ‘do when no one is looking’" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/alphabet-unilever-discuss-workplace-culture
A 55-year-old intern? Why older apprentices may be the answer to the talent gap
Recently, the DOL’s Task Force on Apprenticeship Expansion called for a process that would establish industry-recognized apprenticeship programs (IRAPs). Below, this blog post discusses how older apprentices may be the answer to today's talent gap.
LAS VEGAS — Want to revitalize your workforce? Try hiring a baby boomer as your new intern.
Apprentice programs may not be just for young talents fresh out of college. Employers should study such programs for older workers, said the leader of the world’s largest HR professional society.
“We oftentimes think about apprenticeships for young people, but what about the 55-year-old who needs to work or wants to work an additional 20 years and needs to learn the new coding language?” Johnny Taylor Jr., CEO of the Society for Human Resource Management, said Tuesday during a media event at the annual SHRM conference. “So apprenticeship writ large ... it’s a broader idea than just what we all think about young people getting an opportunity.”
The comments come after the DOL’s Task Force on Apprenticeship Expansion on Monday called for a process to establish industry-recognized apprenticeship programs (IRAPs).
IRAPs will be customizable apprenticeship models that the DOL calls "a new pathway for the expansion of apprenticeships."
In addition, the proposed rule outlined the process to become a standards recognition entity (SRE), which would set standards for training, structure and curriculum for the IRAPs.
DOL would ensure that SREs have the capacity and quality-assurance processes and procedures needed to monitor IRAPs and recognize that IRAPs are high quality. The department's criteria for high-quality IRAPs include: paid work, work-based learning, mentorship, education and instruction, industry-recognized credentials, safety and supervision and adhering to equal employment opportunity obligations.
"The apprenticeship model of earning while learning has worked well in many American industries, and today we open opportunities for apprenticeships to flourish in new sectors of our economy," Labor Secretary Alexander Acosta said in a statement.
Taylor has addressed expanding apprenticeships before, noting the association has recently renewed its support by studying ways to make programs more inclusive and broaden them beyond high school or college students, he said.
“I was at a meeting the other day and they referred to restoring the dignity of the first job,” Taylor said. “That’s a real aspirational thing.”
Employers also need to do more to tap hidden pools of skilled labor from the disabled to the formerly incarcerated to bridge the workplace talent gap in the United States, he said.
“How do we do that? For example, instead of a four-year college experience, maybe it’s a six-year average college experience because you go knock out your first two years,” and break up subsequent educational experiences between semesters of work, school or a mix of both combined with work internships.
The former labor employment lawyer also said key themes that SHRM is focused on this year include workplace culture, age discrimination, diversity and reskilling the U.S. workforce for the jobs of the future.
“Everyone is talking about work,” Taylor said. “It’s a great time to be in HR.”
Additional reporting by Nick Otto.
SOURCE: Siew, W. (26 June 2019) "A 55-year-old intern? Why older apprentices may be the answer to the talent gap" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/shrm-calls-on-expanding-workforce-apprenticeships
Here’s how to get the best ROI on a wellness program
How many hours do your employees work per year? According to the International Labour Organization, Americans work nearly 500 more hours per year than French workers and 260 more hours per year than British workers. Continue reading to learn how employers can get the best ROI on a wellness program.
U.S. employees are working harder than ever and need more support from their employers as a result.
In fact, according to the International Labour Organization, Americans work 137 more hours per year than Japanese workers, 260 more hours per year than British workers, and nearly 500 more hours per year than French workers.
With that growing burden — along with more individuals of all ages recognizing how important their health is — comes an increased need for companies to invest in well-designed health and wellness programs. Rolling out these programs can lead to better employee morale and engagement, a healthier and more inclusive culture and fewer absences due to illness, according to research — all of which are especially important in today’s fast-paced work atmosphere.
In addition, the rise of social media means that businesses are being held accountable by their employees in a way that was not the case for previous generations. According to the British Standards Institution, employees trusting their employers’ commitments is now an increased focus. Health and well-being are becoming a significant part of that workforce trust agenda.
With these points in mind, it’s important to recognize that your organization needs to make and keep commitments to investing in and executing successful health and wellness programs for your workforce. These programs must keep trust momentum going to ensure healthier and happier workers, and it is proven that happier and healthier workers are more productive. This can lead to overall company success.
For example, a recent employee wellness study from the U.S. Chamber of Commerce showed that effective wellness programs have good return on investment of $1.50 to $3.00 per wellness dollar spent over a two to nine year timeframe. Another study from the Australian-based Black Dog Institute concluded that thriving and healthy workforces typically perform more than two times above average, compared with organizations that do not invest at all in their employees’ health and well-being.
BSI recommends a three-pronged approach for successfully investing in your employees’ health and wellness. First, it’s important to define your health and well-being initiative and what it means for your company. While there are many definitions, BSI recommends considering one that recognizes the need to manage workplace occupational health and safety, in addition to the promotion and support of managing healthy behavior, such as stress management, work-life balance and an ever-changing work environment.
Next, employers should define what their health and wellness program for workers should include. In particular, BSI suggests a good model to follow: the U.S. federal government’s recommended approach for workplace health and well-being programs. Created by the Center for Disease Control’s National Institute for Occupational Safety and Health, the program is called Total Worker Health.
TWH is a holistic approach to occupational health and safety and worker well-being. It recognizes that work has an important function in the social determinants for health and is defined as “policies, programs, and practices that integrate protection from work-related safety and health hazards with promotion of injury and illness prevention efforts to advance worker well-being.”
However, this program also goes much further than other wellness programs and reflects the nature and challenges of the changing workplace, from new forms of employment to new technologies. It also reflects that non-work-related illness and stress can be adversely impacted by work, can have health and safety implications within the workplace, and the way an organization manages absence and rehabilitation policies can have hugely positive or negative impacts on the individual and the business.
Once you know what health and well-being means to your business and what kind of program your organization wants to execute, it’s time to move forward. For step three, BSI recommends companies review and implement ISO 45001, the new global management system standard on occupational health and safety. This standard has physical, mental and cognitive well-being and health at its core, while continuing to drive high safety standards for companies.
ISO 45001 also recognizes that the most successful and productive organizations take a holistic approach and therefore, good occupational health and safety management can be integrated with employee well-being initiatives. Related to this, holistic employee wellness programs can be used as a recruitment tool. Evidence from WhenIWork.com suggests that employees want their employers to take an active role in their health, so if you can show potential employees that you are invested in their well-being, you will gain an advantage over companies offering only bare-bones benefits.
As a global standard, ISO 45001 also enables a consistent worldwide approach. With its focus on culture and employee participation, it also provides businesses a best practice model for developing an effective health and well-being program. And employee participation will happen. For example, experts from the Johns Hopkins Bloomberg School of Public Health recently analyzed surveys to determine the overall perceptions of wellness programs from employee and employer perspectives. Its data analysis revealed that nearly 60% of employees think employers should attempt to improve the health of their workers.
Overall, seeking accredited certification of the standard not only builds trust within the organization, but also provides external assurance to customers, shareholders and the wider community. Investing in employee health and wellness programs increases healthy behavior and curbs the risk of lifestyle-related disease, leading to happier workers, more productivity and overall company success.
SOURCE: Field, K. (4 June 2019) "Here’s how to get the best ROI on a wellness program: (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/opinion/how-to-get-the-best-roi-for-your-wellness-program