Average vs. Weighted Average When It Comes to Calculating Overtime Rates–Another Use for Algebra!

Calculating overtime is always tricky.  What rate is the “regular rate of pay” as required by the Fair Labor Standards Act (FLSA) is a question that must be answered each time for each calculation.  What can make this even more difficult is when the employee works at more than one rate in the workweek.  What rate do you use for the “regular rate of pay” if the employee has two or more hourly rates during the workweek? Can you simply average the different rates or is something more required?  The Department of Labor recently addressed this situation in Opinion Letter FLSA 2018-28, dated December 21, 2018.

Facts of the letter:  The employer in question wanted to determine if their compensation plan, which pays an average hourly rate that may vary from workweek to workweek, complies with the FLSA. It was concerned in both the area of minimum wage and calculating the overtime rate.  The employer pays a different rate for when an employee is working with a client as opposed to when the employee is traveling between clients.  It makes sure that the typical standard rate of pay is $10.00 per hour and if the employee works over 40 hours in any given workweek, they are paid overtime based on the $10.00 rate.

The DOL agreed that the employer followed the minimum wage requirement as the employer is paying well above the minimum wage of $7.25 per hour.  However, the problem for the employer is with the rate used to calculate overtime.  According to the letter:

…If the employer always assumes a regular rate of pay of $10 per hour when calculating overtime due, then the employer will not pay all overtime due to employees whose actual regular rate of pay exceeds $10 per hour. 29 C.F.R. § 778.107. Neither an employer nor an employee may arbitrarily choose the regular rate of pay; it is an “actual fact” based on “mathematical computation.” Walling v. Youngerman-Reynolds Hardwood Co., Inc., 325 U.S. 419, 424–25 (1945); 29 C.F.R. § 778.108. That said, the compensation plan does comply with the FLSA’s overtime requirements for all employees whose actual regular rates of pay are less than $10 per hour, as an employer may choose to pay an overtime premium in excess of the statutorily required amount.

So what rate should an employer use to calculate the overtime in situations where the employee is working two or more rates within the workweek?  The rate is determined by what is known as a “weighted average” not an average of the rates. The DOL addresses this method in Fact Sheet #23: Overtime Pay Requirements of the FLSA.  It reads as follows:

…Where an employee in a single workweek works at two or more different types of work for which different straight-time rates have been established, the regular rate for that week is the weighted average of such rates. That is, the earnings from all such rates are added together and this total is then divided by the total number of hours worked at all jobs. In addition, section 7(g)(2) of the FLSA allows, under specified conditions, the computation of overtime pay based on one and one-half times the hourly rate in effect when the overtime work is performed. The requirements for computing overtime pay pursuant to section 7(g)(2) are prescribed in 29 CFR 778.415 through 778.421.

Here is an example of a weighted average calculation: The employee has worked the following hours at the following rates for the workweek:

Step 1: To determine the weighted average the following calculations would be required:

Step 2: Divide the total earnings by the total hours worked to determine the regular rate of pay

$475.75 divided by 43 = $11.06 (regular rate of pay)

Step 3: Determine the premium pay for overtime by multiplying the regular rate of pay by .5 (or divide by 2) then multiplying that amount by the number of overtime hours

$11.06 x .5 x 3 = $16.59

Step 4: Determine the total weekly compensation by adding the total earnings (step 1) and the premium pay (step 3): $475.75 + $16.59 = $492.34.  $492.34 is the total weekly compensation.

In closing, it must be remembered that it is the employer’s responsibility to ensure that the regular rate of pay used for overtime calculations is the correct one.

 

Warning: Once Again Payroll Professionals are Being Targeted by Scams

 The Internal Revenue Service and its Security Summit partners have once again warned payroll professionals of an uptick in phishing emails targeting them that this time involve payroll direct deposit and wire transfer scams.

 These business email compromise/business email spoofing (BEC/BES) tactics generally target all types of industry and employers. The IRS and the Summit partners, consisting of state revenue departments and tax community partners, are concerned these scams – a well as the Form W-2 scam — could increase as the 2019 tax season approaches.

These emails generally impersonate a company employee, often an executive, and are sent to payroll or human resources personnel. The email from the “employee” asks the payroll or human resource staff to change his or her direct deposit for payroll purposes.The “employee” provides a new bank account and routing number, but it is, in reality, controlled by the thief. Most of the time this scam is usually discovered quickly, but not before the victim has lost one or two payroll deposits.

As a reminder, we have discussed in a previous blog, there is another version of the BEC/BES scam, the emails impersonate a company executive and are sent to the company employee responsible for wire transfers. The email requests that a wire transfer be made to a specific account that is controlled by the thief. Companies that fall victim to this scam can lose tens of thousands of dollars.

 A common theme in these and many other email scams is that they include grammatical and spelling mistakes.

The IRS has provided an example of one such email (edited by IRS) that is displayed at the top of this blog.

Payroll/Tax professionals and others should also report tax-related phishing emails to phishing@irs.gov. This account is monitored by IRS cybersecurity professionals.This reporting process also enables the IRS and Security Summit partners to identify trends and issue warnings. Because of the dangers to tax administration posed by the Form W-2 scam, the IRS set up a reporting process for employers. Employers who fall victim to the W-2 scam should report it at dataloss@irs.gov. There is a process employers can follow at Form W-2/SSN Data Theft: Information for Businesses and Payroll Service Providers. Employers who receive the W-2 scam email but do not fall victim should forward the email to phishing@irs.gov.

Paying Extra to Exempt Employees

I always seem to get questions this time of year about paying overtime or “extra pay” to exempt employees.  Many departments or companies have this time of year as their busiest and want to make sure that exempt employees can earn extra monies during this time without endangering their exempt status or actually converting those employees to nonexempt.  I want to refer my followers to a great blog by Bill Pokorny of Franczek Radelet written for the Wage and Hour Insights blog that answers this exact question. I hope you find it useful.

Election Day a National Holiday?

Well it’s almost over, the 2018 election. Still having a few counts here and there with a runoff election still to come. But all in all, the 2018 election has come and gone. The only thing that remains, as it does after every election cycle here in the United States, is the discussion of making election day a national holiday. But what exactly does a “national holiday” mean here in the United States?

It appears to me that most people who discuss having election day designated as a national holiday don’t understand how holidays work here in this country. The United States does not have national holidays. It’s that simple. Yes, we have days that are designated as a holiday on the federal level. But these days are not official holidays for all employees in the country. They are, rather, the days that federal employees are given off with pay. I have stated this before, in other blogs, but will state once again. The United States is the only country that does not mandate that employees receive days off with pay in honor of national holidays. When I say other countries, I am speaking of course of industrialized countries. But this list of industrialized countries includes Chad, Peru, Slovenia and Sudan. So, we are not only talking about major European countries such as Germany or France. But if we were just looking at European countries let’s take Germany as an example. Germany has one national public holiday which is their German Unity Day, with the remaining 9 to 13 holidays being regulated by what they call their states even though some of them are held nationwide. Now this is in addition to 20 days of vacation as well as additional dates that the employer may give as a public holiday. Yet despite this they have a very strong economy. Yet here in the United States is not mandated for all employees to have the nation’s birthday, July 4th, off with pay.

Therefore, when local, regional, statewide, and national elected officials talk of having our election day as a national holiday it means nothing to the average worker if it were simply to be added to the holidays we already have. Yes, many employees may get Christmas off with pay, or Fourth of July off with pay, but not all employees are required to be given the day off with pay. It all depends on the company’s or employer’s policy. According to the Bureau of Labor Statistics workers in private industry in the United States receive an average of eight paid holidays per year based on the latest statistics in 2017. Workers in the manufacturing and information industries are more likely to receive paid holidays (97%). But workers in the leisure or hospitality industry only receive paid holidays 37% of the time. Not all workers receive the same holidays or the same number of holidays. For example, again the Bureau of Labor Statistics states that workers in manufacturing and financial activities receive an average of nine paid holidays per year while workers in leisure and hospitality receive an average of six paid holidays per year. For clarification, there are 10 annual federal holidays with Inauguration Day occurring only once every four years for a total of 11 days.

Before you start the discussion of employees who would not be able to have a day off due to their type of work such as first responders, hospitals and even restaurants, other countries have already addressed this issue quite easily.  It is usual for the employee who must work on a “mandated holiday” to have another day off with pay. So, if on a Monday holiday, I would have to work as a police officer, I might get Tuesday or Wednesday off with pay in addition to my normal days off.

My question to all the elected officials and others who advocate a national day off to vote is this:  Where would this national election day fall? Would it establish our first and only mandated national holiday? Or would it just simply be added to the calendar as another day to shop, BBQ or sleep in, if and only if, my employer decided to give me the day off with pay?

Keeping Remote Freelance Workers Accountable

We have another guest blogger with some great info for you.  Hope you enjoy it.

As attested by Pew Research self-named Generation Y (those born during the 1980s and early 90s) have eclipsed previous generations in regards to workforce involvement. In fact, according to a recent survey  a vast majority of millennials feel that “flexibility and ambition” are closely associated. With 78% of this group more likely to have a full-time spouse/partner working, there’s little surprise that workplace formulation has made a tremendous shift. The upshot is telecommuting. Actually, businesses today are no longer put-off by home based work requests and frequently include work-at-home proposals in HR recruitment plans.

The increase in millennial contemporaries has introduced massive modifications in the way companies manage their staff due to remote employment. The millennial workforce is expanding, proficient, and au fait with the demands of today’s global economies.

The concept of remote workers continues to be an anomaly of sorts, as more convenient options of generating income has yet to sink into the psyche of the masses. To many individuals, the traditional way of working is the only viable means of employment. Questions like, how people get paid, how companies account for workers, and is it serious work are common. Unfortunately, short-sighted suppositions prevent many who could benefit from remote work the opportunity to take advantage of it.

Organization Advantages and Accountability

Consequently, a long-term sophisticated system must be established to consolidate the undertaking and oddities of the digital workforce, as telecommuting is now accepted as the adopted workforce for both large and small companies. As a result, many corporations have devised means of cutting costs in the current world of financial dubiety with access to a worldwide top-notch labor force.

Outsourcing is mutually beneficial for both companies and their remote staff. For example, individuals with physical limitations are able to find work while companies increase production, downsize office space and save on office equipment.

Nevertheless, making remote workers accountable is a sticking point for many corporations. What strategies and blueprints are foolproof enough to ensure that telecommuters are actually on-the-job and not sipping tea while watching the latest reality show?

Keeping Remote Workers Accountable

HR managers, CEOs, and IT folk at both large and small businesses, are hard-pressed to discover a way of guaranteeing that their employed remote workers are actually working. It’s much like maintaining a long distance relationship without the romanticism. What it comes down to is implementing a superb software program. Here are three suggestions on how to keep remote workers accountable.

  1. Consolidate Correspondence

Dissimilar to staff working in an office, remote staff may experience delays in correspondence due to a lack of face-to-face interaction. To clarify the situation, companies should consider arranging several specific communication techniques that coordinate with a virtual program for work at home employees. For instance, some businesses use social computer networks or employee apps like Blink or VeryConnect. These types of networks allow virtual staff to stay connected to other telecommuters who may offer assistance and management throughout the working day.

Another solution for communication issues include using Skype or Google Hangout in case of inaccuracies via chat or email. Of course, the good ole’ 19th century invention called the telephone is still viable in its 21st century incarnation known as a smartphone.

  1. Highlight Clarity

Remote teams require a sophisticated level of management and transparency across every  line of work. In light of this, it is crucial to employ a system that allows access to a telecommuter’s tasks, work hours, pay arrangement (for instance by the hour or by each task), etc. Software systems like Time Doctor offers everything from time tracking and screen shots to web usage, payroll, reporting and more. This type of software tracking system helps employers keep remote workers viable and accountable.

Businesses must keep track of telecommuters working hours and additional vital information to make sure all is aboveboard; therefore, the correct software set-up is vital for companies and their teleworking staff. In addition, companies must make modifications and incorporate accountability into the workflow. Well-organized coordination between employers and remote workers substantially increases productivity according to Remote.Co.

  1. Planning Ahead

Working virtually is not exempt from stumbling blocks. In spite of that, there are a number of reliable methods to contend with the most frequent problems. For example, what if an employee has unreliable Internet? The best solution is to make certain that a potential team member has a stable connection before hiring them. In fact, a secure Internet connection should be a priority for remote workers. In case something does happen, a telecommuter should have access to a Wi-Fi hot-spot nearby. If not, stopping by the office is another option if it’s close by. Doing something is better than doing nothing and letting technical problems get in the way of a day’s work.

In essence, it’s about using common sense ways and means to anticipate difficulties that might arise from using remote workers and making provisions for them.

 Vaishali Badgujar is a digital marketer at Time Doctor, a SaaS time tracking & productivity tool for companies & freelancers. She is an inbound marketing expert & specializes in link building. 

Guest Blogger: Productivity Back on Track: 5 Time Tracking Productivity Benefits

As summer is coming to a close we have one more guest blogger for you with some great information on productivity.  I hope you enjoy this blog from Dean Mathews of OnTheClock.

As a payroll manager, tracking workplace productivity is more than a default part of your job description.

As the main custodian of data regarding the number of hours employees spend working, there’s a wealth of insight you can provide to unlock potential productivity improvements in your organization.

However, this is only possible if your workplace is equipped with a good time tracking system.

You might be wondering, “Well, we do use timesheets?” While there is nothing intrinsically wrong with this time tracking method, traditional timesheets are not as fool-proof as the sophisticated time tracking software available today.

In fact, research published in Harvard Business Review revealed that the majority of employees are inaccurately filling out their timesheets. This is costing the US economy $7.4 billion in lost productivity every day in the service sector alone.

Productivity is a shared interest between the company and its employees. As part of the payroll department, the following 5 benefits can be cited to rally your organization to use automated time tracking:

  1. Minimizes Multitasking

You might be staring at your screen right now confused.

Isn’t multitasking a productivity booster? So much so that it’s a skill a lot of businesses value.

Turns out that this is a big misconception.

Scientists have found that multitasking is a huge productivity downer, and can rob an employee up to 40% of his/her productive time. According to the research: “Psychologists who study what happens to cognition (mental processes) when people try to perform more than one task at a time have found that the mind and brain were not designed for heavy-duty multitasking. Psychologists tend to liken the job to choreography or air-traffic control, noting that in these operations, as in others, mental overload can result in catastrophe.”

With time tracking, employees must focus on the one task that is currently being tracked. This reduces what is called context switching and allows employees to focus their mental energy on the task at hand, producing better quality work.

It also allows project managers to see which employees engage in multitasking so the proper guidance and coaching can be provided to help them focus on one task at a time.

  1. Reduces Time On Non-Essential Tasks

Email is an essential business communication tool, but it is also a productivity blackhole.

An average office worker receives approximately 200 emails per day and spends 2.5 hours clearing out their inbox. Out of these 200 emails, 144 are not related to them and they were just CC-ed or BCC-ed in the conversation.

Email is just one of the non-essential tasks that is taking time away from more important projects. This does not even take into account the time spent on non-work related tasks such as social media browsing. What’s worse, as a payroll manager you know money is going down the drain paying employees for time spent on tasks that cannot be billed to your clients or customers.

With a well-established time tracking software, an organization can identify these productivity leaks and implement measures to reduce or eliminate them. This improves employee morale by reducing stress. At the same time, it saves the company money.

  1. Ensures Accurate Salary Computation

An unhappy employee is an unproductive employee. One of the major things that decreases morale for employees is not being accurately compensated.

This creates a cloud of distrust in the organization. Employees feel they are being cheated on and not getting the remuneration they deserve. This may result in a backlash in the form of low-quality work derailing important projects.

Of course, there are some unscrupulous businesses who intentionally shortchange their employees, but most payroll inaccuracies are a result of inaccurate time tracking.

Having a time tracking system in place eliminates inaccuracies in payroll because hours are easily and automatically tracked. There’s also a record, employees can refer to when payroll questions arise.

  1. Identifies Overworked Employees

All work and no play makes employees unproductive.

Putting in extended, and sometimes exhaustive, hours at work for a long period of time is a proven productivity killer. It can snowball into other problems such as habitual absences or tardiness, low employee morale, high attrition rates, and client/customer dissatisfaction.

The sad news is many managers do not catch these signs early enough, primarily due to poor time tracking practices.

Employees who are paid by the hour might not mind putting in the extra hours because they are getting paid for their billable hours. However, working overtime can cause serious issues with salaried, flat-rate employees.

While employee wellness is not the main responsibility of a payroll manager, a practical time tracking system can offer useful data to identify those employees in jeopardy of burning themselves out.

  1. Improves Project Planning Practices

Time tracking reveals discrepancies in time estimates between the projections during project planning and the actual hours spent during the project execution. The benefit this has on productivity is three-pronged.

First, it allows project managers to improve their forecasting for future similar projects.

Second, it prevents employee burnout as discussed above. There’s no need to put in extended hours to meet project deadlines if it’s not really necessary.

Lastly, it allows the organization to charge more appropriately via accurate accounting for the necessary man-hours to complete a project.

It’s Time to Be More Productive

Just a quick caveat. In order for any time tracking system to improve workplace productivity, making productivity a key priority should already be in the DNA of your organization’s culture. You should already know the core principles of good time management. Otherwise, you’re just going to waste time, tracking wasted time, right?

That said, time tracking has been proven time and again to increase productivity. Following the old business adage that you cannot manage and improve what you don’t track and measure, time tracking can open new heights of productivity that you never thought was possible. It also benefits your employees by minimizing multitasking and reducing time spent on non-essential tasks.

Indeed, it is time to put your workplace back on track.

Author Bio

Dean Mathews is the founder and CEO of OnTheClock, an online time clock app that helps over 8000 businesses all around the world track their employee time. Dean has over 20 years of experience designing and developing web-based business apps. He views software development as a form of art. If the artist creates a masterpiece, many peoples lives are touched and changed for the better. When he is not perfecting time tracking, Dean enjoys expanding his faith, spending time with family, friends and finding ways to make the world just a little better. You can find Dean on LinkedIn.

4 Ways Payroll Can Boost Employee Satisfaction

During the summer months I take a break from blogging but love it when I have guest bloggers who can provide my followers with interesting information. Today’s guest blogger has some great insight as to how payroll can help employee satisfaction.  Take a read from Sam at Https://indextimeclock.com…

How many smiles greet you each morning when you enter the office? Can you honestly say your employees are satisfied and happy to come to work?

Of course everyone would rather be at home relaxing but good management can lead to a high level of employee satisfaction which makes for a smiling team that’s also highly productive. That’s a win for everyone.

But how do you get there?

What Determines Employee Satisfaction?

Will you be surprised to know in many studies compensation rates as the number factor in workers’ satisfaction with their jobs? So you can already see that your payroll department plays a vital role in getting this right. If no salaries are paid you definitely won’t see any smiles around you.

Of course this is a complex situation so there are many factors at play which you have to manage:

  • Being appreciated for work delivered
  • Relationships at the office
  • How the company fares financially (everyone wants to be proud of where they work)
  • Personal development
  • How interesting the work is
  • Feeling safe at work
  • Company values workers can be proud of

But why should you concern yourself with this? Because you don’t want to take the risk of having a high employee turn over rate. When you lose employees to other companies where they do find what they’re looking for you’re risking:

  • High costs to train new employees
  • Struggling to get the quality workers you need to grow your business
  • Gaining a reputation as a company no one wants to work for

But perhaps you’ve tried working on these aspects in your office but they don’t seem to stick. Are you sure you’re working with the root of the problem? Few businesses realize how much the payroll department in your business can affect your employees’ overall experience of their work days.

So let’s help you gauge whether payroll is helping or hindering your business. We’ll also tell you how to get it right from now on.

How Can Payroll Help?

Does Your System Put Them First?

What do you do when you respect someone? Usually it motivates you to put their wishes before your own. At the very least you’ll consider how your actions affect them. How often do you do this with your employees?

A late or wrong salary payment may seem trivial to you but for someone with bills to pay it can turn an ordinary day into a disaster. When you use state of the art payroll systems that rely more on AI and automated features than manual work you’ll see fewer salary glitches.

While you’re showing respect you also prevent a problem. When there are fewer disputes in the office you’ll see relationships will be healthier which will automatically make your group more excited to get to work each day.

Of course new technology requires a monetary investment from your side but this one decision will signal to employees that you have their best interests at heart. That will create loyalty from their side so this benefits you in the long run too.

Do They Feel Appreciated?

This one rates high on the list of factors you need to manage. And saying thank you at the end of each day won’t suffice.

Have you considered some of these tactics?

  • Personal discussions with employees regarding their work, performance reports and development in the company. This signals that you take notice of each individual.
  • Identifying how well someone settles in during an onboarding process. Talking about the challenges someone experiences and mentioning the value he or she already added will keep someone motivated.
  • Suggest personal development options such as training or skills courses. This could be an incentive or a reward for someone who delivers exceptional work.
  • Bonuses paid to individuals who reached certain sales goals.
  • When someone goes through a troubling time you can show compassion and provide some time off. This isn’t something people should take advantage of and your decision should be based on the value the individual provided before the problem came about.

Can you see how many of these processes involve your HR and payroll department? But the only way to keep track of all this information is with state of the art HR management and payroll programs. Digitizing employee files and creating reminders for setting up performance appraisals will ensure you don’t forget a step in the process of looking after employees..

Can You Pay Them More?

Of course all employees want to be paid more. You can’t always give them the salaries they dream of but while everyone gets busy with other tasks it’s the payroll office’s responsibility to ensure salary increases and bonus payments happen according to company policy & promises.

Don’t let this one slip. It sends a message of not caring for your employees which you should prevent at all costs.

Can you help them get it Right?

Many employees are used to being reprimanded for wrong doing. Something that’s not as common is getting help or resources to prevent the mistake in future.

Of course you don’t want to babysit your work force and they should take responsibility for their tasks. But in many situations employees do the best they can and managers should always look for ways to help them be more productive & accurate.

Filling in time sheets is time consuming and on a hectic day it’s probably the last thing your workers have time for. Hastily submitting paperwork often leads to mistakes and it’s understandable that this upsets the HR team & a worker’s manager. But why not make it easier?

Automated procedures with online clock in features such as the products you find on https://advancesystemsinc.com mean your workers don’t have to do any paperwork and all data will be accurate. With fewer misunderstandings and reprimands your workers are bound to feel more content coming to work.

At the same time you’re communicating company values such as accuracy, punctuality and excellence. Help them act according to these traits so they can be proud of what they achieve each day.

Important note: You’re not simply doing this to keep everyone happy. You’ll never again have to pay for work not done and you won’t waste time on salary disputes.

[Conclusion]

Do you see new hope for your company? A healthy—even happy—office environment can be a few adjustments away. Investing time into this outcome will have the long lasting effects you’ve only dreamed of so far. Good luck.

Paycheck Checkup May be Needed

The Tax Cuts and Jobs Act made significant changes to the tax law, including increasing the standard deduction, eliminating personal exemptions, increasing the child care tax credit, limiting or discontinuing certain deductions and changing the tax rates and brackets.  While these changes did not affect the 2017 tax returns they will affect the 2018 tax returns filed next year.  For this reason the IRS is continuing to push a “paycheck checkup” for all employees but especially seasonal or part-time employees. To assist employees the IRS unveiled several new features to help people navigate the issues affecting withholding in their paychecks. The effort includes a new series of plain language Tax Tips, a YouTube video series and other special efforts to help people understand the importance of checking their withholding as soon as possible including a withholding calculator.

Employees can use the Withholding Calculator to estimate their 2018 income tax. The Withholding Calculator compares that estimate to the employee’s current tax withholding and can help them decide if they need to change their withholding with their employer.  When using the calculator, it’s helpful to have a completed 2017 tax return available. Employees who need to adjust their withholding will need to submit a new Form W-4, Employee’s Withholding Allowance Certificate, to their employer. If an employee needs to adjust their withholding, doing so as quickly as possible means there’s more time for tax withholding to take place evenly during the rest of the year. But waiting until later in the year means there are fewer pay periods to make the tax changes – which could have a bigger impact on each paycheck.

Among the groups who should check their withholding are:

  • Two-income families.
  • People working two or more jobs or who only work for part of the year.
  • People with children who claim credits such as the Child Tax Credit.
  • People with older dependents, including children age 17 or older.
  • People who itemized deductions in 2017.
  • People with high incomes and more complex tax returns.
  • People with large tax refunds or large tax bills for 2017.

CA Adopts ABC Test for Independent Contractors

On Monday, April 30, the California Supreme Court issued a landmark [Dynamex Operations West v. Superior Ct., Cal. Sup. Ct., Dkt. No. S222732, 4/30/18] decision basically stating that the “ABC Test” is to be used when determining whether a worker is an employee or independent contractor for purposes of California wage orders. Previous to this latest decision the court case of S.G. Borello & Sons, Inc. v. Department of Industrial Relations, Cal. Sup. Ct., 769 P.2d 399, 3/23/89) was used to determine employee status. In that case the principal test of an employment relationship was whether the person to whom services were rendered has the right to control the manner and means of accomplishing the result desired. Under Dynamex, the Court embraced a standard that presumes all workers are employees instead of contractors and places the burden on classifying an independent contractor under the ABC test.

For a detailed analysis of this case and how you might have to adjust your hiring decisions, I will refer you to the Labor & Employment Law Blog posted by Timothy Kim for the law firm of Sheppard Mullin.

FLSA Video Training Has Arrived at DOL/WHD

The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) is launching a new series of brief, plain-language videos to help employers understand their legal obligations when it comes to calculating overtime etc.  According the the WHD website these videos “strip away the legalese and provide employers with basic information…”  The topics provided so far are:

  • Coverage: Does the Fair Labor Standards Act (FLSA) apply to my business?
  • Minimum Wage: What minimum wage requirements apply to my business?
  • Deductions: Can I charge my employees for uniforms or other business expenses?
  • Hours Worked: Do I have to Pay for that time?
  • Overtime: When do I owe overtime compensation and how do I pay it correctly?

The videos are very well done and cover the rules quite nicely.  For example the overtime video does go into all the calculations needed for regular rate of pay.  They last an average of seven or eight minutes each. If you are looking for a good basic training on these topics listed check out the videos from WHD.