Our Latest White Paper–Year End Memo Makes Sense

Our new white paper is on the topic of sending out a year end memo to your employees.  This memo contains pertinent information that the employees need to know.  So this memo not only helps your employees but also cuts down on questions coming your way from those same employees.  We hope you find the information useful.

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Where does Payroll Belong?

This has been a question I have been asked ever since I began in payroll in 1977.  Does payroll report to human resources (personnel way back then) or to finance?  Where should the functionality and operations of payroll be housed? And it is not a questions with a simple answer.This age old question is the heart  of the APA’s next PayNewsChat on Thursday, December 8 at 3pm Eastern time. Dan Dycus, CPP, APA’s Senior Director of Education Services, and Jodi Parsons, CPP, Director of Payroll for the Kansas City Royals Baseball Club, will share their thoughts with you during this half-hour talk at #PayNews Chat. You can be of the conversation by using the chat portal Twubs or participate directly on Twitter by following along with #paynews and including the hashtag in your tweets.  Be a part of the conversation if you can.

New OT Rules Update: DOL Vows to Fight On

On November 22, 2016, U.S. District Court Judge Amos Mazzant granted an Emergency Motion for Preliminary Injunction and thereby enjoined the Department of Labor from implementing and enforcing the Overtime Final Rule on December 1, 2016. The case was heard in the United States District Court, Eastern District of Texas, Sherman Division (State of Nevada ET AL v. United States Department of Labor ET AL No: 4:16-CV-00731).  The DOL has issued the following concerning the ruling:

The rule updated the standard salary level and provided a method to keep the salary level current to better effectuate Congress’s intent to exempt bona fide white collar workers from overtime protections.

On December 1, 2016, the Department of Justice on behalf of the Department of Labor filed a notice to appeal the preliminary injunction to the U.S. Circuit Court of Appeals for the Fifth Circuit.

Since 1940, the Department’s regulations have generally required each of three tests to be met for the FLSA’s executive, administrative, and professional (EAP) exemption to apply: (1) the employee must be paid a predetermined and fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed (“salary basis test”); (2) the amount of salary paid must meet a minimum specified amount (“salary level test”); and (3) the employee’s job duties must primarily involve executive, administrative, or professional duties as defined by the regulations (“duties test”). The Department has always recognized that the salary level test works in tandem with the duties tests to identify bona fide EAP employees. The Department has updated the salary level requirements seven times since 1938.

The Department strongly disagrees with the decision by the court. The Department’s Overtime Final Rule is the result of a comprehensive, inclusive rule-making process, and we remain confident in the legality of all aspects of the rule.

New Salary Level Test Rules Blocked

A federal judge has blocked, for now, the new salary level test that was to go into effect December 1st.  Here is an excellent blog post on what exactly that could mean for employers.  The blog is by Bill Pokomy, Staci Ketay Rotman and Erin Fowler of FranczekRadelet.

Post Election: What’s Next for Wage and Hour Law Under a Trump Administration

With the election over and the new administration beginning work on forming one question comes to mind to a lot of payroll professionals.  How will the Trump administration affect wage and hour law?  I would normally have written this blog myself giving you my opinion.  But this morning I received an excellent blog post on this, that I think nails the questions and takes a shot at answering them in these early days.  Bill Pokorny of FranczekRadelet’s blog post “What Will The Trump Administration Mean for Wage and Hour Law” this morning is a good read for payroll professionals who are looking ahead to 2017.

In Case You Hadn’t Notice–It’s Election Time Again

The election is coming up fast.  What that means to most employees and employers is questions. Employees might ask themselves “when should I vote?”.  But they might ask their employers “can I have time off to vote?”. Allowing time off to vote is a company policy question in some cases, but other times it is a question of wage and hour law.  Does an employer have to give the employee time off to vote during working hours?  And if they do, is it paid time off?   There actually is no federal law on whether or not an employee must have time off to vote. It is left up to the states to decide.

Vote campaign

And each state has their own rules.  Some states give up to four hours, where other states don’t address the issue at all.  To assist payroll professionals on this topic I have put together a white paper on the voting time off requirements for the states.  The link is below.  The info was compiled through Thomson Reuters. It should prove helpful as it also give the citation to state law.  I have also listed the states that do not address this issue.  I hope you find it useful.

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