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Overtime Rules: Where Are They Now?

Overtime Rules: Where Are They Now?

May 2016, the Department of Labor (DOL) released a Final Rule that would have increased the minimum salary required to be exempt from overtime under the Fair Labor Standards Act (FLSA). However, just before the rule was to take effect, a federal judge temporarily blocked the DOL from implementing the rule. Here is an overview and update on the status of the Final Rule: Background: The FLSA requires employers to pay most employees at least the federal minimum wage for each hour worked and overtime pay for all hours worked over 40 in a workweek. The FLSA allows for exemptions for certain employees who work in administrative, professional, executive, highly compensated, outside sales, and computer professional jobs. These employees are known as “exempt” employees. To be considered “exempt,” these employees must generally satisfy three tests: Salary-level test: Employees must earn a weekly salary that meets the minimum requirements. Salary-basis test: With very limited exceptions, the employer must pay employees their full salary in any week they perform work, regardless...

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Pay Equity: HR Compliance Trend to Watch

Pay Equity: HR Compliance Trend to Watch

Several jurisdictions are expanding and clarifying their laws prohibiting gender-based discrimination in pay, including restricting employers from making inquiries into an applicant’s pay history during the hiring process. This is because a candidate’s pay history may reflect discriminatory pay practices of a previous employer, which then could result in lower wages in the new job. While these laws differ among jurisdictions, they typically prohibit employers from seeking compensation history from an applicant or his/her current or former employer. Generally, employers are also prohibited from screening applicants based on their pay histories, including by requiring that an applicant’s prior compensation satisfy minimum or maximum criteria. The following jurisdictions have enacted these types of restrictions: Oregon (effective October 6, 2017) New York City, NY (effective October 31, 2017) Delaware (effective December 14, 2017) Massachusetts (effective July 1, 2018) San Francisco (effective July 1, 2018) Philadelphia (blocked due to pending litigation – watch for developments) If you are covered by one of these laws, remove salary history questions from application forms and...

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Bob Scott’s Insights Covers ADP – Infor Compliance Relationship

Bob Scott’s Insights Covers ADP – Infor Compliance Relationship

Bob Scott’s Insights published an article titled “Infor Allies with ADP,” which discusses the recently announced expanded relationship between ADP and Infor where Infor is offering ADP SmartCompliance and ADP Health Compliance to its HCM customers. “Overall, SmartCompliance handles the broad range of payroll services including employment taxes, garnishments, tax credits, employment verification, and unemployment claims. Infor HCM customer also gain access to ADP’s Health Compliance, which handles Affordable Care Act requirements. Read the entire article at Bob Scott’s Insights. Share this:Click to email (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Google+ (Opens in new window)Share on Facebook (Opens in new...

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Under Pressure and Trying to Deliver: ADP SmartCompliance® Just Got Sleeker and Easier to Use for Helping Manage HCM Compliance

Under Pressure and Trying to Deliver: ADP SmartCompliance® Just Got Sleeker and Easier to Use for Helping Manage HCM Compliance

How often have you been under pressure to compile vital information for your human resources (HR) or finance leader so your company can comply with a myriad of Human Capital Management (HCM) laws? Maybe your company tries to fill the “HCM compliance gap” with people and manual, highly administrative processes. But this approach may lead to mistakes that create unnecessary cost and risk for your company, as well as frustration for your employees. Instead of throwing people, cumbersome processes and valuable time at the problem, businesses need consistent, scalable processes and expertise to help handle today’s long list of HCM-related compliance tasks. They also need a smart, sleek, easy user experience. That’s why ADP is further refining the user experience of ADP SmartCompliance® by more fully integrating its systems and providing users with better ways to organize their work, assign and track vital tasks, and collaborate with co-workers. These enhancements are just one example of ADP’s continuing commitment to provide our clients engaging, consumer-grade experiences. Innovation is in our...

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Don’t Fear! Tips to Survive Year-End Reporting

Don’t Fear! Tips to Survive Year-End Reporting

For many employers, the last three months of the calendar year can be quite overwhelming as you prepare for routine year-end workforce activities such as distributing Forms W-2, potential changes in employer taxes, and the ongoing effects of legislative and regulatory changes. Keeping pace with all of these tasks — while remaining compliant — can be daunting. To help with these efforts, ADP® is conducting two hour-long webcasts that will offer insights on the latest changes and trends pertaining to year-end reporting, including aspects of the Affordable Care Act (ACA), unemployment insurance tax, Forms W-2 reporting and payroll. Topics of discussion will include: Affordable Care Act (ACA) o New IRS® ACA E-File Systems and Error Notices o IRS ACA Penalty Assessments Unemployment Insurance (UI) Tax o Federal Unemployment Tax (FUTA) Changes – Possible FUTA credit reduction and Benefit Cost Rate Assessment – Affected states and potential outcomes o State Unemployment Tax Changes – Proposed expansions to quarterly wage reporting o Update on the projected solvency of state UI trust...

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