FLSA Exemption – Changes Start July 1, 2024

Greetings! We’ve got some significant news fresh from the U.S. Department of Labor (DOL) – they’ve just unveiled the Final Rule: Restoring and Extending Overtime Protections. This update to the Fair Labor Standards Act (FLSA) regulations aims to enhance the compensation landscape for American workers by revising the salary thresholds for certain exemptions. Let’s delve into the details in a business-friendly manner.

Understanding the Adjustments
Effective July 1, 2024, the salary threshold for the “white-collar exemptions” – encompassing executive, administrative, and professional roles – will be elevated to $844 per week, or $43,888 annually. This reflects a substantial increase from the previous threshold of $684 per week, or $35,568 annually. By January 1, 2025, the threshold will further escalate to $1,128 per week, or $58,656 annually.

Similarly, the total annual compensation requirement for the highly compensated employee (HCE) exemption will witness a notable surge. Commencing July 1, 2024, the total annual compensation threshold for this category will ascend to $132,964, up from the current $107,432. By January 1, 2025, it will peak at $151,164.

Additionally, the DOL has established a framework for regular updates to these thresholds every three years, starting July 1, 2027. This mechanism ensures the thresholds remain aligned with prevailing economic conditions and data.

Employer Action Items
In response to these changes, employers must proactively assess their workforce composition and compensation structures. The first crucial step is to conduct a thorough review of exempt employees’ salaries, particularly those falling under the white-collar exemptions or the HCE category. Employers need to ensure compliance with the new salary requirements within the stipulated timelines.

For employees projected to fall below the revised thresholds, employers face a dual decision:

  1. Salary Adjustments: Employers may opt to raise employees’ salaries to meet the new thresholds. This approach allows employers to maintain the exempt status of affected employees while aligning with regulatory mandates.
  2. Reclassification: Alternatively, employers can reclassify employees as non-exempt, thereby subjecting them to overtime eligibility and any other related provisions like meals, breaks, and enhanced recording keeping. This decision necessitates careful consideration of operational and financial implications, including potential adjustments to scheduling and payroll practices.

Implications for Employees
Employees impacted by these changes should be engaged and informed throughout the transition process. Communication from employers regarding any salary adjustments or reclassifications is paramount. Understanding the implications of these changes on employment status and compensation empowers employees to advocate for their rights and navigate potential adjustments effectively.

Conclusion
The U.S. Department of Labor’s Final Rule: Restoring and Extending Overtime Protections heralds significant shifts in labor regulations, with far-reaching implications for both employers and employees. By revising salary thresholds for certain exemptions, the DOL aims to promote fairness and equity in the workplace.

As employers navigate the implementation of these changes, collaboration and transparency are key. By prioritizing compliance with regulatory requirements and fostering open communication with employees, organizations can navigate the evolving landscape of labor standards effectively.

One last thought: While the rules are all about the salary threshold it is also a great time to make sure that a complete analysis of classification is undertaken including the duties test.

For assistance with this important work, or any other HR topic, please reach out.

Celebrating Teacher Appreciation Week: Honoring Those Who Shape Minds

What is a teacher? At its core, a teacher is not merely someone who imparts knowledge; rather, they are the architects of our future, the cultivators of curiosity, and the nurturers of intellect. A teacher is a guide, a mentor, and often, a beacon of inspiration. As we delve into Teacher Appreciation Week, it’s imperative to recognize that the term “teacher” extends far beyond the confines of traditional classrooms. In fact, within every organization, there are individuals who embody the essence of a teacher, influencing and shaping those around them, even without the formal title.

Consider for a moment the various roles within any given organization. From managers to team leaders, from mentors to peers, each individual possesses the capacity to teach and inspire. Whether it’s sharing expertise during a presentation, offering guidance during a project, or simply lending an empathetic ear, these actions contribute to the collective learning and growth of the entire team.

In essence, a teacher is anyone who:

Shares Knowledge: This could be through formal training sessions, informal discussions, or even leading by example. Anyone who imparts wisdom, skills, or insights is, in essence, a teacher.

Inspires Others: Teachers have the remarkable ability to ignite passion and enthusiasm within their students. Similarly, within organizations, there are individuals who inspire others through their dedication, creativity, and vision.

Supports Growth: Just as teachers nurture the academic and personal development of their students, individuals within organizations play a crucial role in supporting the growth and development of their colleagues.

When we broaden our understanding of who qualifies as a teacher, we realize that their impact permeates every aspect of our professional lives. From the supportive colleague who patiently guides us through challenges to the visionary leader who inspires us to reach new heights, each of these individuals contributes to our collective learning journey.

As we celebrate Teacher Appreciation Week, let’s take a moment to acknowledge and express gratitude to all those who fulfill the role of a teacher within our organizations. Whether they hold the formal title of educator or not, their contributions are invaluable. Here are a few ways to show appreciation:

Express Gratitude: A simple “thank you” can go a long way in acknowledging the efforts of those who teach and inspire us every day. Take the time to express appreciation for their guidance and support.

Offer Recognition: Shine a spotlight on the individuals who embody the spirit of teaching within your organization. Whether through awards, shout-outs in meetings, or appreciation events, recognize their contributions publicly.

Provide Support: Just as teachers support their students, ensure that those who fulfill the role of a teacher within your organization have the resources and support they need to excel in their roles.

Celebrate Achievements: Whether it’s a milestone reached or a successful project completed, celebrate the achievements of those who contribute to the learning and growth of your team.

Pay It Forward: Embrace the spirit of teaching by paying it forward. Share your knowledge, offer mentorship, and support the development of others within your organization.

As we navigate the complexities of the modern workplace, let’s remember that the essence of teaching lies not just within the confines of classrooms but within the everyday interactions and relationships that shape our professional journey. This Teacher Appreciation Week, let’s celebrate all those who inspire, guide, and empower us to reach our fullest potential.

June is Pride Month: Celebrate Diversity and Inclusion

June is not just any ordinary month; it’s a time when colors paint the streets, and love knows no boundaries. It’s Pride Month – a celebration of diversity, acceptance, and inclusion that resonates deeply within the LGBTQ+ community and beyond. As rainbows unfurl across cities worldwide, it’s a poignant reminder of the progress made.

Embracing Diversity
At its core, Pride Month is a celebration of diversity – a testament to the rich tapestry of identities that make up our world. From the bustling streets of New York City to the quiet corners of small towns, Pride festivities serve as a beacon of hope for those who have long felt marginalized or unseen. It’s a time to embrace every color of the rainbow, both literally and figuratively, and to recognize the beauty in our differences and our universal similarity as humans.

Championing Inclusion
Inclusion lies at the heart of the Pride movement. It’s about creating spaces where every human feels welcome, regardless of their sexual orientation, gender identity, or expression. Through parades, festivals, and community events, Pride Month offers a platform for individuals to come together in solidarity, to amplify voices that were once silenced, and to pave the way for a more inclusive society.

Honoring the Past
While Pride Month is undoubtedly a time for celebration, it’s essential to remember its roots in activism and resistance. The Stonewall riots of 1969, led by transgender women of color, sparked a movement that would forever change the course of history. From those humble beginnings emerged a global crusade for LGBTQ+ rights – a fight that continues to this day. As we revel in the festivities of Pride Month, let us not forget the sacrifices made by those who came before us and the work that still lies ahead.

Educating and Empowering
Pride Month is an opportunity for education and empowerment. It’s a chance to learn about the struggles faced by the LGBTQ+ community, to challenge prejudice and discrimination, and to become allies in the fight for equality for everyone. Whether through workshops, panel discussions, or simply engaging in meaningful conversations, we can all play a role in fostering a more inclusive society.

As we look to the future, let us model the behavior of authentic respectful curiosity about the varied experiences, opinions, and decisions that make each and every human unique. While progress has undoubtedly been made, there is still much work to be done. So, as June rolls around, let’s paint the world with rainbows, lift each other up, and reaffirm our commitment to diversity and inclusion. Happy Pride Month!

ADA/Performance

Question:
“We have an employee who is a performance “train wreck”. They are always having to re-do work. Everyone is frustrated because on top of their performance issue they are out sick A LOT. Can you tell us the best way to fire them?”

Our first step is to identify the goals and associated considerations without jumping to solutions.

Apparent goal(s):

  • Resolve performance issues
  • Resolve absenteeism
  • Resolve team concerns

Associated Considerations:

  • An employee handbook should be the organization guide to consistent considerations and actions associated with performance. At a minimum, handbooks should contain the information that will mitigate risk in discipline when consistently applied.

The basic test for risk mitigation in discipline and separation is characterized in the Seven Steps of Just Cause, which are:

Reasonable Rule or Order: The rule (policy) that was allegedly violated must be reasonable and related to the safe, efficient, and orderly operation of the business.

Notice: The employee must have been given clear notice of the rule or order, including its possible consequences for violation.

Investigation: A fair and objective investigation must be conducted to gather all relevant facts and evidence before any disciplinary action is taken.

Fair Investigation: The investigation must be fair and objective, not biased or predetermined.

Proof of Violation: There must be substantial proof or evidence that the employee violated the rule or order in question.

Equal Treatment: The disciplinary action taken should be consistent with how similar violations have been handled in the past, ensuring equal treatment of all employees.

Appropriate Discipline: The discipline imposed should be appropriate to the offense, taking into account factors such as the severity of the violation, the employee’s past disciplinary record, and any mitigating circumstances.

What does your handbook say or if you don’t have one, have the Seven Steps of Just Cause been met?

  • The Americans with Disabilities Act (ADA) is an important consideration in performance management for several reasons. According to the ADA, employers are required to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would pose an undue hardship on the operation of the business. In the ADA, the phrase “known or should have known” indicates that employers have a responsibility to make accommodations for disabilities they are aware of or reasonably should be aware of. When knowing the person has been “out sick A LOT” the ADA flag is raised and further exploration is required for compliance, even if the result is no accommodation is needed or available.

Legal Compliance: The ADA prohibits discrimination against qualified individuals with disabilities in all aspects of employment, including performance management. Failing to consider ADA requirements could result in legal liabilities for the employer.

Accommodation: Under the ADA, employers (with 15 or more employees – less in some states) are required to provide reasonable accommodations to qualified employees with disabilities to enable them to perform their job duties effectively. This may include modifying job duties, providing assistive technology, or adjusting work schedules. Performance management processes need to take into account any necessary accommodations for employees with disabilities.

Fairness: Considering the ADA in performance management ensures fairness for employees with disabilities. It prevents discrimination based on disability and ensures that individuals are evaluated based on their ability to perform essential job functions, with reasonable accommodations if needed, rather than being unfairly penalized for factors related to their disability.

Retention of Talent: By accommodating employees with disabilities and ensuring fair performance evaluations, employers can retain valuable talent and promote an inclusive work environment. Employees are more likely to remain with an employer that respects their rights and provides opportunities for advancement based on merit.

Positive Workplace Culture: Integrating ADA considerations into performance management fosters a positive workplace culture that values diversity and inclusion. It sends a message to all employees that their contributions are valued and that the organization is committed to providing equal opportunities for career growth regardless of disability status.

Overall, considering the ADA in performance management is not only legally required and also promotes fairness, inclusive, and a positive work environment, ultimately benefiting both employees and employers.

  • Managing a team through performance improvement while considering the Americans with Disabilities Act (ADA) requires a balanced approach that ensures both compliance with legal requirements and fairness to all employees. Here are some key steps to effectively manage a team through this process:

Training and Awareness: Ensure that all managers and supervisors are trained on the requirements of the ADA and understand how it applies to performance management. This includes recognizing signs of potential disabilities, understanding the reasonable accommodation process, and knowing how to engage in interactive discussions with employees.

Clear Expectations: Establish clear performance expectations and communicate them to all team members, including those with disabilities. Make sure that job descriptions and performance standards are clear and accessible to everyone.

Regular Feedback: Provide regular feedback to all team members, including those who may be struggling with performance due to disabilities. Offer constructive feedback aimed at helping employees improve their performance and meet job expectations.

Interactive Process: If an employee’s performance is impacted by a disability, engage in an interactive process to explore possible accommodations. This process involves discussing the employee’s limitations, identifying potential accommodations, and determining which accommodations are reasonable and effective.

Reasonable Accommodations: Implement reasonable accommodations to enable employees with disabilities to perform their job duties effectively. Accommodations may include modifications to work schedules, job duties, equipment, or the work environment.

Documentation: Maintain thorough documentation of all performance-related discussions, accommodations, and decisions. Document any accommodations provided and their effectiveness in enabling the employee to perform their job duties.

Consistency: Ensure that performance management practices are applied consistently to all employees, regardless of disability status. Treat employees with disabilities the same as other employees in similar situations, while still providing any necessary accommodations.

Confidentiality: Respect the confidentiality of employees’ disability-related information. Only share information about an employee’s disability and accommodations on a need-to-know basis, and ensure that all such information is kept confidential.

Continuous Improvement: Continuously evaluate and adjust performance management processes to ensure compliance with the ADA and effectiveness in supporting employees with disabilities. Solicit feedback from employees and supervisors to identify areas for improvement.

By following these steps, managers can effectively navigate performance improvement processes while ensuring compliance with the ADA and promoting a fair and inclusive work environment for all team members.

The Answer:
Yes, we can help with determining if your organization has accomplished all the consideration needed to be consistent with internal practice and risk mitigation. However, this may be the starting point, not the end.

National Volunteer Week: Honoring Employee Volunteers

Every year, during the third week of April, the United States observes National Volunteer Week. This special week is dedicated to recognizing and celebrating the incredible contributions of volunteers across the nation. Whether you’re part of a nonprofit organization, a corporation, or any group working with volunteers, National Volunteer Week provides a fantastic opportunity to express gratitude and inspire further acts of service.

The History of National Volunteer Week
National Volunteer Week has a rich history that dates back to 1974 when President Richard Nixon officially designated the third week in April for this purpose. Since then, every U.S. president has continued this tradition by reaffirming the importance of volunteerism through executive orders. But the roots of volunteerism go even deeper:

1688: In Canada, after a devastating fire in Quebec, volunteers organized the Bureau des pauvres to assist victims.

1736: Benjamin Franklin founded the first volunteer firefighter house in Philadelphia.

1887: The United Way, YMCA, Salvation Army, and International Red Cross were established, emphasizing volunteer efforts.

1961: President John F. Kennedy created the United States Peace Corps, integrating volunteerism into international policy and diplomacy.

Why Celebrate Employee Volunteers?
As organizations, we owe a debt of gratitude to our employee volunteers. They selflessly give their time, skills, and energy to make a positive impact in their communities. Here’s why celebrating employee volunteers during National

Volunteer Week matters:
Community Impact: Employee volunteers contribute to local causes, whether it’s mentoring students, cleaning up parks, or serving meals at shelters. Their efforts directly benefit the neighborhoods where they live and work.

Team Building: Volunteering fosters teamwork and camaraderie among colleagues. When employees collaborate outside the office, they build stronger relationships and enhance workplace morale.

Skill Development: Volunteering allows employees to develop new skills, from leadership to project management. These skills often translate back to their professional roles.

Corporate Social Responsibility (CSR): Companies that support employee volunteering demonstrate their commitment to social responsibility. It’s a win-win situation: employees feel proud to work for a socially conscious organization, and the company strengthens its community ties.

Creative Ways to Celebrate Employee Volunteers
Let’s make this National Volunteer Week memorable for your organization! Here are some ideas:

Volunteer Recognition Events:
Host an award ceremony to honor outstanding volunteers.
Organize an appreciation dinner where employees can relax, share stories, and connect.
Create a volunteer spotlight on your website or social media, featuring individual volunteers and their impactful work.

Personalized Thank-You Notes and Gifts:
Send heartfelt thank-you notes to each volunteer, acknowledging their specific contributions.
Consider small tokens of appreciation, such as gift cards, company-branded merchandise, or personalized mementos.

Share Success Stories:
Use your organization’s blog or newsletter to highlight volunteer success stories. Show how their efforts have transformed lives or improved the community.
Interview volunteers and capture their experiences. People love reading about real impact!

Collaborate with Other Organizations:
Partner with local businesses or nonprofits for joint volunteer projects. Strengthen community bonds by working together.

Remember, National Volunteer Week isn’t just about celebrating the past—it’s about inspiring future acts of kindness. Let’s recognize our employee volunteers, express our gratitude, and continue making a positive difference in the world!

Oregon Family Medical Leave: Reminder Deadline May 1st

Employee notice due May 1, 2024

Attention all organizations with 25 or more employees in Oregon! Senate Bill 999 mandates a crucial change regarding the Oregon Family Leave Act benefit year. Effective July 1st, 2024, the benefit year will align with Paid Leave Oregon Insurance, shifting from existing options. This change impacts the start of the benefit year, which will now commence the Sunday preceding the first date of qualifying leave. Remember, you must notify your employees at least 60 days prior to this transition.

Furthermore, Senate Bill 1515 will also come into effect on July 1st, 2024, introducing significant revisions to the types of leave protections under OFLA. These changes necessitate careful deliberation on how to adapt existing policies and procedures. We understand that implementing the revisions from Senate Bill 1515 might not be feasible before the notification deadline for the benefit year change. Hence, your organization may need to approach this as a two-step process of change.

If you require assistance with navigating these updates or any other matter, please don’t hesitate to reach out. Time is of the essence, and we’re here to help you smoothly transition through these legislative changes.

You may want to participate in one of our upcoming webinars:

Oregon Family Medical Leave Act – 2024 Changes

Monday, May 13th, 2024: 9:00am – 10:30am
Thursday, May 23rd, 2024: 3:30pm – 5:00pm
Thursday, June 6th, 2024: 8:30am – 10:00am

Recognizing Our Clients: 100 Best Companies to Work for in Oregon

We are excited to celebrate our clients who have been recognized by Oregon Business Magazine’s 100 Best Companies to Work for in Oregon. 

View Complete List

SMALL COMPANIES (15-34 employees)

   13. Percipio Consulting Group

   14. Davidson Benefits Planning – An Alera Group Co.jdkfldjfkdljfldfj

LARGE COMPANIES (more than 100 employee)

   5. Sunriver Resort

   8. LMC Construction

   9. Perlo Construction

   13. Aldrich

   20. R&H Construction

   23. Turner Construction

   28. Pacific Landscape Management

   32. Whitaker Ellis Builders

 

MEDIUM COMPANIES (35-99 employees)

   1. Steele Electric

   4. Oregon Restoration

   7. Lorentz Bruun Construction

   20. Hagan Hamilton Insurance Solutions

   34. Douglas Fast Net 

International Goof Off Day: Embrace the Playful Side of Work!

Picture this: you’re at work, surrounded by the usual hustle and bustle of deadlines, meetings, and emails. But wait, something’s different today. There’s a sense of mischief in the air, a contagious wave of silliness that seems to be spreading from cubicle to cubicle (screen to screen). What’s going on, you ask? Well, my friend, it’s none other than International Goof Off Day!

March 22nd marks a special occasion on the calendar when we’re encouraged to embrace our inner goofball and inject a healthy dose of playfulness into our daily routines. Now, before you start envisioning chaos and productivity plummeting faster than a lead balloon, let me assure you, there’s a method to this madness.

First and foremost, let’s establish some ground rules. While International Goof Off Day is all about having fun, it’s essential to do so responsibly and respectfully. We’re not advocating for reckless behavior or anything that could jeopardize your job or the well-being of your colleagues. So, let’s keep it light, folks!

Here are a few lighthearted ways to celebrate without risking a visit from HR or the need for a lawyer on speed dial:

1. Dress-Up Day: Who says you can’t wear a silly hat or rock a funky pair of socks to the office? Encourage your team to embrace their inner fashionistas and come dressed in their most outrageous attire. Just remember, there’s a fine line between quirky and questionable, so use your judgment wisely.

2. Desk Decorating Contest: Channel your inner crafter and transform your workspace into a whimsical wonderland. From paper streamers to inflatable unicorns, let your creativity run wild. Bonus points for incorporating inside jokes or hilarious memes into your decor.

3. Screen Background Shenanigans: Get creative with your virtual backgrounds during video calls. From tropical beaches to outer space, there are endless possibilities for goofy backdrops that are sure to get a chuckle out of your coworkers.

4. Meme Madness: Create a dedicated channel or thread for sharing memes and funny photos. Whether it’s the latest viral sensation or an old classic, a well-timed meme can brighten anyone’s day.

5. Office Olympics: Break out the mini basketball hoop or set up a makeshift ping pong table for some friendly competition. Organize a series of wacky challenges like chair racing or paper airplane contests to see who will emerge victorious as the office champion.

6. Goofy Awards Ceremony: Take a break from the daily grind and host a lighthearted awards ceremony to recognize your colleagues’ quirkiest quirks and goofiest antics. Categories could include “Most Likely to Trip Over Their Own Feet” or “Master of Office Pranks.”

7. Pun-tastic Puns: Challenge your team to a battle of the puns and see who can come up with the most groan-worthy wordplay. Whether it’s swapping out serious meeting titles for pun-tastic alternatives or engaging in a pun-off during lunchtime, let the puns fly freely.

Remember, the goal of International Goof Off Day isn’t to shirk responsibilities or undermine the importance of your work. It’s about fostering camaraderie, boosting morale, and infusing a sense of joy into the daily grind. So, go ahead, embrace the silliness, and let your inner goofball shine!

Just be sure to return to your regularly scheduled programming once the day is done, and if you’re unsure about whether a particular prank or activity crosses the line, it’s probably best to err on the side of caution. After all, we want to keep the laughter flowing without any unintended consequences.

So, mark your calendars, spread the word, and get ready to celebrate International Goof Off Day in style. Who knows, you might just discover that a little bit of goofiness is the secret ingredient to a happier, more productive workplace. Now, if you’ll excuse me, I have a date with a rubber chicken and a whoopee cushion. Happy goofing, everyone!

Prioritizing Employee Well-being: A Vital Imperative on World Health Day

As we celebrate World Health Day on April 7, 2024, it’s imperative to turn our focus towards the well-being of the workforce, the lifeblood of every organization. Over the years, the importance of prioritizing employee well-being has gained significant recognition, not just as a moral obligation but also as a strategic imperative for businesses aiming for sustainable success.

In recent years, many employers have taken significant strides in prioritizing employee well-being, recognizing that a healthy and engaged workforce is crucial for organizational success. Some commendable initiatives include:

1. Flexible Work Arrangements: Forward-thinking companies have embraced flexible work arrangements, allowing employees to better balance their professional and personal lives. Remote work options, compressed workweeks, and flexible hours contribute to reduced stress and increased job satisfaction.

2. Mental Health Support: Employers have begun to destigmatize mental health issues by implementing comprehensive support programs. These may include employee assistance programs (EAPs), access to counseling services, and mental health days off.

3. Health and Wellness Benefits: Many organizations now offer robust health and wellness benefits, such as subsidized gym memberships, nutrition counseling, and wellness challenges. These initiatives promote physical fitness and overall well-being among employees.

4. Workplace Culture: Cultivating a supportive and inclusive workplace culture is paramount. Companies that prioritize diversity, equity, and inclusion create an environment where employees feel valued, respected, and empowered to thrive.

While progress has been made, there’s always room for improvement. Employers can further enhance employee well-being by considering the following initiatives:

1. Regular Health Screenings: Encourage employees to prioritize their health by offering onsite health screenings for conditions like blood pressure, cholesterol, and diabetes. Early detection and intervention can prevent serious health issues down the line.

2. Promoting Life Balance: Strive to create a culture that values life balance by setting clear boundaries around working hours, encouraging employees to take regular breaks, and minimizing unplanned interruptions through thoughtful planning.

3. Flexible Benefits Packages: Tailor benefits packages to meet the diverse needs of employees and revisit employees needs regularly. Offer a range of options for healthcare coverage, retirement savings plans, and other perks to accommodate different lifestyles and preferences.

4. Promoting Physical Activity: Organize group fitness activities, walking meetings, or lunchtime yoga sessions to encourage employees to stay active throughout the workday. Physical activity not only improves physical health but also enhances mood and productivity.

5. Encouraging Open Communication: Foster a culture of open communication where employees feel comfortable expressing their concerns and seeking support when needed. Regular feedback or suggestion sessions can provide valuable insights into employee well-being.

On this World Health Day, let’s reaffirm our commitment to prioritizing employee well-being. By investing in the health and happiness of our workforce. Lay the foundation for a thriving and resilient organization, where employees can reach their full potential and contribute to collective success. Remember, a healthier workforce paves the way for a healthier future for us all.

Flexible Work Week

Question:
“Our organization has moved to a flexible work week for all employees. We want to remove references to all work schedules, schedule types, and organization hours in our handbook. Can you help with that?”

Our first step is to identify the goals and associated considerations without jumping to solutions.

Apparent goal(s):

  1. Align the new flexible work week policy with handbook.

Associated Considerations:

  1. The Fair Labor Standards Act (FLSA) – Overtime requires employees to accurately track their hours worked, including any overtime hours if applicable. Non-exempt employees must be compensated for all hours worked in accordance with FLSA guidelines. Is there an alternative place where employees are provided with notice of the workweek? (Workweek = Seven consecutive 24-hour periods that will be used to determine overtime pay.)
  2. The Fair Labor Standards Act (FLSA) – Travel Time, work-related travel time that occurs during an employee’s regular working hours is generally considered compensable work time and must be paid accordingly. If all reference to work schedules is removed, how will this be determined?
  3. The Family Medical Leave Act (FMLA), and many other state specific provisions, require each qualifying employer to provide a qualifying employee 12 weeks (or some other amount) of protected time for certain mental or physical conditions as well as those of certain family members. To determine what 12 weeks means for each qualifying employee you would typically multiply the employee’s regular weekly work hours by the number of weeks in the 12-week period. For example, if the employee’s regular work schedule is 40 hours per week, and the 12-week period consists of 12 consecutive weeks, you would calculate: 40 hours/week * 12 weeks = 480 hours. This is particularly important when an employee qualifies for intermittent leave. How will the regular weekly hours be identified and where will employees be notified of this process?
  4. Paid Time Off (PTO) or other discretionary paid time provisions (holiday pay, sick time in addition to that which is protected, vacation time, or compensatory time) are typically based on accrual on hours worked and/or seniority or are front loaded based on forecasted hours or full time equivalent (FTE). These offerings also have provisions for when these must be used and the impact on pay and benefits. Where will these requirements be made known?
  5. The Affordable Care Act and benefit offering to full-time employees (someone who works, on average, at least 30 hours per week or 130 hours per month). Most health insurance benefit offerings have a “hours worked” or “days in employment” requirement which starts the process of offering insurance to an employee. If there are no defined work schedules and your current policies are based on hours worked, amendments may be needed in your health benefits contract and appropriate notice will need to be provided to your employees.
  6. Other considerations may be found in areas such as Performance Evaluations, Bonuses, Workload Distribution, and Compliance Reporting.

The Answer:
Yes, we can help with the alignment of your new policy to existing policies and processes. However, this is not an editing exercise. This is an exploration of how the goal(s) impact other legal requirements and important aspects of the existing employment relationship. Followed by clear communication with managers and employees about the changes that will be made in support of the goal.