Families First Coronavirus Response Act

Posted by TimeClock Plus on Mar 26, 2020 3:11:16 PM

Families First Coronavirus Response Act Overview: Over the past several weeks the U.S. House of Representatives has drafted and passed several iterations of the Families First Coronavirus Response Act (H.R. 6201), with the U.S. Senate and President approving the bill on March 18, 2020.  Areas of impact include: (1) an Emergency Family and Medical Leave Act expansion, (2) a provision for Emergency paid Sick Leave, (3) payroll tax credits for new Paid Sick and Paid Family and Medical Leave, and (4) coverage of testing for COVID-19.

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Topics: News, Compliance, Labor Laws, FMLA, Leave Management, PTO

Keep Clear of these Common Overtime Errors

Posted by TimeClock Plus on Mar 6, 2020 9:02:11 AM

Many employers misunderstand overtime requirements, which can be costly as the price of noncompliance is high. It's important that HR takes the lead in training line managers, particularly those overseeing workers newly reclassified as nonexempt, not to repeat the overtime errors other companies have made.

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Topics: Labor Laws, human resources, Overtime

From Workforce Planning to Planning Work

Posted by TimeClock Plus on Jan 29, 2020 10:27:07 AM
HR leaders need a new lens on workforce planning to leverage the rise of gig and other nontraditional work and drive organizational productivity.

Most organizations still pack their ranks with traditional full-time employees, but many now mix in part-time, temporary, contract and gig workers. These contingent workers offer an important way for organizations to fill skill gaps and increase productivity, but HR needs a new workforce planning approach to leverage these workers as they become more mainstream.

“Traditional approaches to workforce planning aren’t built to cope with the realities of the evolving work environment,” says Matthias Graf, Senior Director Analyst, Gartner. “HR leaders need to redesign their workforce planning around work instead of people, and capabilities instead of capacities.”

"Workforce management systems and applications are poorly equipped to plan and track supply and demand based on jobs and assignments rather than continuous work

Workforce planning typically centers on identifying and installing the people and capacities required for business strategy, as well as diagnosing talent risks and charting a plan to address talent risks and gaps. But this long-term, static approach is out of step with structural changes in work and workforces.


Employment models and work itself are changing

Today’s work is often broken down into a series of smaller jobs and assignments, especially to account for innovations in production and new technologies. These individual tasks and projects increasingly feature in characterizing someone’s activities — and employees often work on multiple jobs, assignments and projects at the same time.

"Gig jobs span the skills spectrum — from physical labor and data entry to research and social media marketing

This environment makes it difficult for HR to gauge how much labor supply is available. Additionally, many workforce management systems and applications are poorly equipped to plan and track supply and demand based on jobs and assignments rather than continuous work.

The workforce structure is also changing, with employment models increasingly segmenting and blending permanent and contingent labor.  

At most organizations, according to the Gartner ReimagineHR Effectiveness Survey, the vast majority (90%) of employees are still traditional full-time employees, but the rest are a mix of part-time employees, contingent workers and the self-employed. Gig workers are especially evident in the hospitality, media and professional services industries, and the U.S., U.K. and India have the most gig workers in the world. Gig jobs span the skills spectrum — from physical labor and data entry to research and social media marketing. 

As employment models shift further, organizations are likely to see more and more tasks and assignments spread across internal and external employees — sometimes, even across organizations (e.g., via consortia or project groups). Traditional workforce planning focuses more on permanent labor and therefore is ill-equipped for all the capabilities available throughout and beyond the organization. HR may also lack full visibility into all contracts with external employees — and thus the supply and cost of capabilities — because many of these arrangements are directly managed in procurement or by the businesses.

To more effectively address the implications of these changes in the work ecosystem, and to drive efficiency and effectiveness in workforce planning, HR leaders can do four things now.


Take a shorter-term, more flexible view

Shift from a long-term, static view of people and capacities to a shorter-term, more flexible focus on work and capabilities. Start by breaking down work into a series of tasks and assignments and determining which skills are needed to complete key activities. Build an enterprisewide “job repository” with all critical tasks and assignments, as well as skills, included.

Align with internal HR and IT leaders and external vendors to integrate contingent labor platforms with your HR IT systems to gain access to external skills and availabilities — making sure to use comparable skills definitions. Provide business managers with upfront data on available skills, and help them decide which type of labor to engage with when planning to fill a job. Make this a regular process that runs at least biannually between the businesses and HR to ensure flexibility and adaptability.

Leverage modern workforce management platforms

Collaborate with leaders from enterprise IT and HR IT to understand the functionalities of your workforce management applications, and align them with internal systems for better and faster planning of work.

Create a plan to upgrade your current internal systems to support permanent and contingent labor in the same application. Note that the workforce management application market is often separate from HR admin and talent management markets.

Redefine ownership of workforce planning 

Manage all contracts for contingent labor, and include external employees in your supply and demand planning for jobs and assignments across the organization. This includes sourcing, onboarding, paying and offboarding contingent labor. 

Partner with procurement, legal, enterprise IT and HR IT to develop a comprehensive total workforce management program that addresses the needs of internal and external employees and the organization. Develop a technology roadmap with your human capital management (HCM) technology vendor to support comprehensive workforce management.

To help overcome the fragmented system architecture that often exists for managing different workforce segments, make sure to incorporate the vendor management system (VMS) and freelancer management system (FMS).

Change underlying supply and demand models

Utilize the total workforce cost of permanent and contingent labor throughout the organization for as-is analysis and scenario planning. Be sure to create visibility into workforce-related costs for all internal and external employees by sourcing all relevant data into one tool and establishing an analytic process that focuses on key categories (e.g., type of employment, location, organization, function).

Make underlying skills and competencies for all work types (i.e., tasks, assignments) visible, and establish a clear relationship between work and capabilities. 

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Topics: human resources, Leave Management, PTO

Unlimited vs. Limited PTO: Which One Is Right for Your Workplace?

Posted by TimeClock Plus on Jan 21, 2020 4:29:42 PM
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Topics: Leave Management, Job Satisfaction, PTO

TimeClock Plus Appoints Eric Thurston as CEO

Posted by TimeClock Plus on Jan 9, 2020 8:59:52 AM

Veteran Technology Executive Brings Deep Expertise Scaling Technology Organizations

SAN ANGELO, Texas – January 9, 2020 – TimeClock Plus, Inc., an industry-leading workforce management software provider, announced today its board of directors has appointed Eric Thurston as CEO, effective immediately. Ernie Nabors, a 20 year veteran employee of the company, who has served as President and CEO, will continue with the company as President. 

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Paid Leave May Be 2020's Biggest WorkPlace News

Posted by TimeClock Plus on Jan 7, 2020 10:46:28 AM
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Topics: Insider, News, Labor Laws, Leave Management

A Decade To Remember

Posted by Scott Turner on Jan 7, 2020 10:37:39 AM

I joined the TimeClock Plus team in 1995, back when there were about eight of us at that time working out of a 1,700 square foot house that had been converted into an office. My office was the first bedroom on the right. To be honest, I was simply happy to be in the software industry versus working in a pizza place. I felt like this would be an excellent opportunity for my family and me, and for the first time in my life, I felt like I had a career path and a bright future.

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Topics: Insider, TimeClock Plus, History

Dol Proposal Will Expand Use of Fluctuating Workweek Pay

Posted by TimeClock Plus on Nov 27, 2019 4:22:59 PM

Earlier this month, the Department of Labor (DOL) announced a proposed rulemaking that will make fluctuating workweek pay—FWW—more beneficial for employers and employees alike.

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Topics: Compliance, Department of Labor, Labor Laws

OFCCP Won’t Review Federal Contractors’ EEO-1 Pay Data

Posted by TimeClock Plus on Nov 26, 2019 8:44:50 AM

Certain private employers and federal contractors were required to send EEO‑1 Component 2 pay data—broken down by job category, race, sex and ethnicity—to the federal government this year, but the Office of Federal Contract Compliance Programs (OFCCP) recently announced that it doesn't intend to review the information.
The OFCCP said it doesn't see the benefit of collecting the information. "OFCCP will not request, accept or use Component 2 data, as it does not expect to find significant utility in the data given limited resources and its aggregated nature, but it will continue to receive EEO‑1 Component 1 data," according to a U.S. Department of Labor notice.

Government Ordered to Collect Pay Data
The Equal Employment Opportunity Commission (EEOC) collects EEO‑1 reports each year and uses information about the number of women and minorities companies employ to support civil rights enforcement and analyze employment patterns. The EEOC shares this information with the OFCCP, which is responsible for ensuring that federal contractors comply with nondiscrimination laws and regulations.
Component 1 data of the EEO‑1 report, which has been collected since the 1960s, lists employees by job category, race, ethnicity and gender. Component 2, which was collected for the first time this year, asks for employees' hours worked and pay information from their W‑2 forms, broken down into the same categories as the data in Component 1.
Businesses with at least 100 employees and federal contractors with at least 50 employees and a contract with the federal government of $50,000 or more must file Component 1 of the EEO‑1 form. However, only employers with at least 100 employees, including federal contractors, must file Component 2.
In 2017, the government decided not to collect Component 2 data, but earlier this year, a federal judge ordered the EEOC to collect pay data for 2017 and 2018 from covered employers.
In September, the EEOC announced that it doesn't plan to collect EEO‑1 Component 2 data in the future, noting that the burden imposed on employers to gather the information outweighs the usefulness of the data for the agency. The EEOC still intends to follow its longtime practice of collecting Component 1 data.

Pay Data's Usefulness Debated
Worker advocates and business groups disagree on whether collecting Component 2 pay data will help the federal government address the wage gap and eliminate discriminatory pay practices.
The National Women's Law Center (NWLC), an advocacy group that sued the government to make it collect the data, says the information is important. The data was collected for the first time in 2019, and though the submission window has officially closed, a court ordered the EEOC to continue collecting data until a certain percentage of employers have filed their reports.
"By deciding to ignore the EEO‑1 pay data before the historic collection of this data has even been completed, [President Donald Trump's administration] makes it clear that its priority is protecting employers from scrutiny rather than enforcing pay-discrimination laws," said Emily Martin, the NWLC's vice president for education and workplace justice.
Employer groups, however, argue that the data is difficult to collect and doesn't accurately reflect workplace pay practices. For one thing, some data may be housed in the human resource information system, and other data may be stored in a payroll processing system that is managed by a third-party service provider, noted Josh Mitchell, Ph.D., an economist with Welch Consulting in Los Angeles.
Additionally, the W‑2 Box 1 annual taxable wage "is ill-suited for comparing employee pay rates, because it conflates employer and employee decisions and ignores employment changes that affect compensation," Mitchell testified during a Nov. 20 EEOC hearing on the data collection.
Lynn Clements, director of regulatory affairs at Berkshire Associates, an affirmative action compliance service in Columbia, Md., agreed. She said that an employee's W‑2 earnings over a 12-month period can be affected by many events that are out of the employer's control, such as benefit elections and deductions and leaves of absence. "That the W‑2 earnings can be so heavily impacted by employee choice completely undermines the stated purpose of identifying race- or gender-based pay disparities that occur as a result of employer pay decisions," she testified at the hearing.

Less Controversial Data
The federal government has been gathering EEO‑1 Component 1 information for years, and many employers don't object to the data collection.
"Component 1's structure, content and filing options have worked remarkably well over the years," said Michael Eastman, senior vice president of policy and assistant general counsel for the Center for Workplace Compliance, an employer association based in Washington, D.C.
Component 1 simply requires employers to list employees by job category, race, ethnicity and gender and contains only 180 data fields per employer location, whereas Component 2 has 3,660 data fields for each site.
The OFCCP uses Component 1 of the EEO-1 report for its audit process in multiple ways, said Erin Schilling, an attorney with Polsinelli in Kansas City, Mo. Through this part of the report, the agency can identify federal contractors and subcontractors that are in its jurisdiction and may be selected for audit.
"OFCCP will continue to receive EEO‑1 Component 1 data from covered contractors and subcontractors," the agency said. Component 2 data, however, "is not collected at a level of detail that would enable OFCCP to make comparisons among similarly situated employees" as required by Title VII of the Civil Rights Act of 1964. "Analyzing EEO‑1 Component 2 pay data would therefore put an unnecessary financial burden on OFCCP," the agency said.

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Topics: News, Department of Labor, EEOC

DOL’s Wage and Hour Collects Record $322 Million in Back Pay

Posted by TimeClock Plus on Nov 4, 2019 7:45:59 AM

Labor Report

The Department of Labor collected $322 million in back wages for workers in fiscal year 2019, eclipsing its record for the second straight year, according to figures the agency announced Oct. 28.

The majority of the DOL Wage and Hour Division’s collection came from cases in which employers were found to have failed to pay time-and-a-half overtime for hours beyond 40 in a week—$186 million in recovered wages—or at least the federal minimum wage of $7.25 per hour, or $40 million. The numbers, which the agency posted online, come from fiscal year 2019 ending Sept. 30.

“Through rigorous enforcement and robust compliance assistance, the U.S. Department of Labor is committed to ensuring that workers receive the wages they have earned,” Labor Secretary Eugene Scalia said in a statement. “These record-breaking numbers top the Department’s totals from last year, which also set records, and confirm our ongoing commitment to strong enforcement and to providing employers with the tools they need to comply with the law.”

The new figures come one year after the department announced it had recovered $304 million in fiscal year 2018.

The latest data was released as new Administrator Cheryl Stanton is issuing a series of organizational and policy changes at the division. Many of those revisions could alter the manner in which her staff conducts investigations. In August, she issued a wide-ranging bureaucratic reorganization that gives political appointees more control of operations.

Shortly after she was sworn in April 29, Stanton emailed staff to revoke their previously delegated enforcement power until she had personally approved each action. She has since been gradually restoring certain authorities to her subordinates, including the ability to subpoena companies for evidence in wage-hour investigations, while issuing a policy to step away from other Obama-era enforcement tools.

“We are delivering more back wages for workers than ever before, and we are steadfastly eliminating any unfair economic advantage employers may try to gain by skirting the rules,” Stanton said in the DOL statement. “We are protecting those who do the right thing, pay their employees what they have legally earned, and operate in compliance.”

Despite the record-setting year, the agency’s wage enforcement priorities are currently the subject of a Government Accountability Office probe.

The Labor Department is finalizing a new rule that would make some 1.3 million workers newly eligible for overtime pay.

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Topics: News, Department of Labor, Labor Laws