Posts Tagged ‘non-exempt’

New Overtime Rules on Hold

November 29th, 2016
On November 22, a federal judge in Texas granted a preliminary injunction blocking the December 1, 2016 implementation of the Department of Labor’s new overtime rules. These rules, as discussed in previous PayDay newsletters, would increase the minimum salary for exempt employees from $455 to $913 per week.
The injunction was the result of a complaint filed on September 19 by a coalition of 21 states, later joined by business organizations led by the US Chamber of Commerce. The complaint claims that the Department of Labor overstepped its authority in the drafting of the final overtime rule changes, specifically in regard to the increased exempt salary limits and automatic increases going forward. Upon initial review, the court determined the complaint had merit, citing evidence that the new rules were in violation of Congress’s original intent – which was to use an employee’s “actual duties,” rather than salary, to determine exemption from overtime pay. The court granted the states’ motion for a nationwide, temporary injunction. In the meantime, the court will continue to review the case until a final determination can be made.
What Now?
At this point, it is unknown whether the rules originally set to go into effect on December 1 will be implemented at a later date, will be implemented in part, or will be determined unlawful.
For employers who have already increased employee wages based on the proposed exempt limit, it is recommended by organizations such as SHRM that these changes be kept in place. Taking back raises, unless the expense jeopardizes a business’s viability, may have more negative impact than spending extra money on salaries. Employers who have already paid employees at a higher rate cannot take this money back. If deciding to reduce wages going forward, employers should pay attention to state laws that require advance notice of wage reduction. (Indiana does not have such a law.)
Employers who have not yet implemented changes to comply with the new overtime laws would be wise to postpone these decisions until the final ruling is made.
As of today, the future of the DOL’s new overtime rules is still unknown. While employers can now legally postpone any sweeping internal changes, they should not assume that the overtime rules have been permanently barred. Employers would be wise to have a plan in place if and when it becomes necessary.
AccuPay’s HR Support Center has added the video, “What the Overtime Injunction Means for You” which we are making available to you here.  Our HR experts are also available to help you strategize for handling overtime or any other HR issues. For more information about the HR Support Center or HR consulting through AccuPay HR, call Betsy or Laura at 317-885-7600.
PayDay is an email communication of payroll news, legal updates and tax considerations intended to inform clients and colleagues of AccuPay about current payroll issues and planning techniques.  You should consult with your CPA or tax advisor before implementing any ideas, comments or planning techniques.

Are You Ready for the New Overtime Rules?

September 21st, 2016

As most employers know, the U.S. Department of Labor has increased the required salary which must be paid to an employee who is otherwise “exempt” from overtime pay.Effective December 1, 2016, an employee who is exempt from overtime pay must be paid at least $47,476 annually ($913 or more per week). This increased salary amount compares to the current required annual salary of $23,660 (or $455 per week).

AccuPay has partnered with HR Answerlink to provide you with a 45 minute on-demand video titled “FLSA Overtime Changes – What Every Employer Needs to Know.” Employers, whether for-profit or not-for-profit, and of all sizes, should watch this video presentation and apply its content to your own unique employee demographics. Also linked here is the U.S. Department of Labor’s Q & A information about overtime rules.

AccuPay HR

As federal, state, and local governments continue to issue increasing regulations pertaining to various aspects of human resources and the dynamics of employer-employee relationships, we have noticed an increasing demand for HR advice from small to medium employers. In response to increasing needs for HR consulting from employers with 1 to 500 employees, we have formed AccuPay HR to assist our payroll clients with their HR needs and concerns.

AccuPay’s staff currently includes three HR Professionals, each certified by the Human Resources Certification Institute (HRCI), as a PHR (Professional in Human Resources) or SPHR (Senior Professional in Human Resources), and each have varied experiences dealing with various types of HR issues. AccuPay’s team also includes two professionals with certifications in the Affordable Care Act (ACA), and whose ACA experiences include both ACA strategic planning with employers and also ACA reporting requirements.

AccuPay HR’s objective is to provide HR/ACA consulting to our clients at budget-friendly rates. Our clients frequently tell us that they need some HR help, but well short of hiring a dedicated HR Director. On demand HR services (phone calls, local face-to-face visits, or specific HR projects) are priced so that our payroll clients can purchase 5 or 10 hour packages of HR time for a year at a time, and we will invoice the HR charges ratably per payroll. OurAccuPay HR one page flyer details some of the more common HR services provided by our team of HR Professionals.

HR Software

AccuPay is a “channel partner” and licensee of a cloud based Human Resource Information System (HRIS) software which helps larger employers (generally 50 plus) manage payroll, HR, time/attendance, benefits enrollment, ACA, and recruitment/onboarding for their workforce/employees. The system is robust in functionality, and is intended to serve a market of employers who have more complex HR needs. A YouTube video of our Kronos Workforce Ready system overview can be seen here.

In Conclusion

AccuPay is growing and evolving to meet the increased HR needs of our clients. We currently have software which meet the payroll, tax, and HR needs of various complexity levels of our clients. As our competitors increasingly focus on do-it-yourself software technology (which is important!), we will continue to focus on people and client service. As always, address your questions and information requests to your dedicated payroll specialist at 317-885-7600.

PayDay is an email communication of payroll news, legal updates and tax considerations intended to inform clients and colleagues of AccuPay about current payroll issues and planning techniques.  You should consult with your CPA or tax advisor before implementing any ideas, comments or planning techniques.