Highlights from SHRM Fall Conferences
Essential Functions are Essential!
HROs: The HR Professional’s Secret Weapon
Talking Taboo by Alex Alonso, PhD Doug Elms, Founder and Principal Consultant Safehaven Security Group
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Editor Cynthia Y. Thompson, MBA, SHRM-SCP, SPHR
Publisher
The Thompson HR Firm, LLC
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Leo Dimilo
Alexander Alonso
Susie Bilbro
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Matthew R. Courtner
Amy S. Dufrane
Ashley Dugger
Doug Elms
Rose Ann Garza
Matt Lewis
Carol R. Merchant
Kimia Movahed
Jonathan Ormsby
Cliff Sandsmark
Goran Trajkovski
Janie Warner
Contact HR Professionals Magazine:
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HR Professionals Magazine is published every month, 12 times a year by the Thompson HR Firm, LLC. Reproduction of any photographs, articles, artwork or copy prepared by the magazine or the contributors is strictly prohibited without prior written permission of the Publisher. All information is deemed to be reliable, but not guaranteed to be accurate, and subject to change without notice. HR Professionals Magazine, its contributors or advertisers within are not responsible for misinformation, misprints, omissions or typographical errors.
©2023 The Thompson HR Firm, LLC | This publication is pledged to the spirit and letter of Equal Opportunity Law. The following is general educational information only. It is not legal advice. You need to consult with legal counsel regarding all employment law matters. This information is subject to change without notice.
Features
4 note from the editor
5
34 Essential Functions Are Essential!
35 JER HR - Helping You Bridge the Gap Between People, Work, and Play
38 HRCI’s First 50: We’ve Only Just Begun
7 The HR Southwest Conference in Fort Worth October 15-18
6
21 The Benefits Group –We Do All the Work!
25 McGriff More Insights™
26 Planning for Open Enrollment? Note the ACA Affordability Threshold Drop
30 Eyecare is an Essential Element to Wellness and Productivity
31 Transitions –Light Intelligent Lenses
16 FLSA: Wage and Hour Nightmare Scenarios
17 Wimberly Lawson Labor & Employment Law Update Webinar, November 2 at 9 AM
12 Highlights from the Texas SHRM Global Conference in Houston September 14
23 One SHRM Georgia Conference in Buford October 11-13
32 14th Annual Human Resources & Employment Law Fall Conference in Jackson November 2
33 SHRM Talent Conference & Expo in Las Vegas & Virtual April 14-17
36 2023 ARSHRM Conference in Fort Smith October 18-20
40 Highlights from the 2023 45th Annual HR Florida Conference in Orlando
42 Highlights from the 2023 TN SHRM Conference
Highlights from the 2023 NC SHRM Conference in November 2023 Issue Features Open Enrollment and Compensation Deadline to reserve space October 15
Check out all the opportunities to earn SHRM and HRCI recertification credits this fall! Here are some of them.
SHRM Inclusion Conference
OCTOBER 30-NOVEMBER 1
SHRM.org/INC23-september
HR Tampa Conference and Expo
OCTOBER 9
Earn SHRM and HRCI recertification credits Register at www.hrtampa.com
The HRSouthwest Conference™
OCTOBER 15-18 in FORT WORTH
Earn SHRM and HRCI credits Register at www.hrsouthwest.com
36th Arkansas SHRM Conference & Expo in Fort Smith
OCTOBER 18-20
Earn 14.65 SHRM and HRCI recertification credits plus Ethics Register at HR2023.org
13th Annual WT SHRM HR & Employment Law Fall Conference in Jackson
NOVEMBER 2
Earn 6 SHRM and HRCI recertification credits Register at wtshrm.org
2022 Wimberly Lawson Labor & Employment Law Update Webinar
NOVEMBER 2 from 9AM -12PM EST
Earn 2.50 SHRM and HRCI recertification credits Register at www.wimberlylawson.com
If you are not yet SHRM-certified, I invite you to register today for our next online SHRM-CP | SHRM-SCP class beginning October 16. The class meets on Monday and Wednesday evening from 6:00 PM to 7:00 PM for 12 weeks. Visit our website, www.hrprofessionalsmagazine.com for details and registration. We are proud of our 90% pass rate!
Watch for your email for notification about our complimentary October webinar sponsored by Data Facts on October 24. Please mark your calendar and plan to join us from 2 PM to 3 PM CT. If you are not receiving our email notifications about our monthly webinars, please visit our website, www.hrprofessionalsmagazine.com, and subscribe to our digital issue to be added to our email distribution list.
Doug is a graduate of the highly regarded Executive Protection Institute, maintains designations in Lean, Six Sigma, and Project Management, is a Certified Institutional Protection Manager through the International Foundation for Cultural Property Protection, is active in the Association of Threat Assessment Professionals, and regularly participates in FBI’s InfraGard briefings.
Doug Elms is Founder and Principal Consultant of Safehaven Security Group. He is an expert in behavioral threat assessment and management, executive protection, in keeping people safe, and protecting clients’ brands. He was recognized by White House agencies for his work in protective intelligence and dignitary protection during Bill Clinton’s presidential campaign in Little Rock.
As a police officer, in what is known as “The Most Dangerous Small City in America”, Doug gained extraordinary experience understanding violent behavior while managing thousands of violent crime investigations and arrests. While serving as a police officer, Doug survived multiple deadly encounters including being wounded during a gun fight while arresting four armed robbers by himself.
During his 24-year career at Walmart, the world’s largest company, Doug then led the assessment of business and security risks to Walmart’s global enterprise. Before retiring from Walmart, Doug led business segments with over $1 billion in annual sales and contributed to huge success stories like opening Walmart operations throughout Asia, $4 Generics, and launching Walmart Pay in the Walmart app.
Doug is a graduate of the highly regarded Executive Protection Institute, maintains designations in Lean, Six Sigma, and Project Management, is a Certified Institutional Protection Manager through the International Foundation for Cultural Property Protection, is active in the Association of Threat Assessment Professionals, and regularly participates in FBI’s InfraGard briefings.
We are thrilled to extend a warm and enthusiastic welcome to you as we gather for the much anticipated 82nd annual HRSouthwest Conference (HRSWC) in Ft. Worth, Texas. Recognized as the official State of Texas SHRM Conference, HRSWC is one of the largest regional HR conferences in the U.S., bringing together HR professionals from across the state and beyond. In the regularly evolving landscape of HR, this event serves as a beacon of knowledge, innovation, and collaboration.
Business and industry are constantly changing, and it is more important than ever for HR professionals to align HR strategy with strategic business outcomes. To do so, we must increase our business acumen, take advantage of every learning opportunity to keep our skills current, and identify best practices through networking with HR professionals across all industries. Over the next three and a half days, we encourage you to utilize every opportunity to make new friends, build and/or expand your business network, shop the many fantastic HR outsource and support services, get current on employment law, and restock your HR toolbox with timely information from more than 100 dynamic educational sessions. You will hear from distinguished experts and innovative leaders covering topics spanning both the HRCI Body of Knowledge and the SHRM Body of Competency and Knowledge, offering up to 17.5 recertification credits.
In this age of digital transformation, employee wellbeing, diversity, equity, and inclusion, and the ever-
present challenges of talent acquisition and retention, it is crucial that we stay ahead of the curve. The insights and strategies you'll gain at HRSWC will not only benefit your organizations but also empower you as leaders in shaping the future of work.
Our theme this year, "Learn, Network, Grow," embodies the essence of what this gathering represents. With this year’s conference, our volunteers and staff have carefully and thoughtfully curated a program that combines expert insights, interactive workshops, product demonstrations from solution providers, and ample networking opportunities to empower you in your HR journey.
Learning: With dynamic and engaging keynote speakers like Morris Morrison and Eric M. Bailey, who are luminaries in the field, and a diverse range of educational sessions, our attendees gain invaluable insights into the latest trends, best practices, and innovative solutions that are reshaping HR. We believe that continuous learning is the cornerstone of progress, and HRSWC is your gateway to staying ahead of the curve.
Networking: Building meaningful relationships within the HR community is an essential element of professional growth, and working in HR is not always easy – particularly right now. Our networking sessions are designed to facilitate connections with peers, mentors, and industry leaders. Remember, it's in these conversations and collaborations that we find inspiration and support.
Growing: Your personal and professional growth is at the heart of our mission. Whether you are an HR
veteran or just beginning your journey, the HRSWC provides a platform for you to explore new perspectives, refine your skills, and chart your path for success. Beyond the invaluable knowledge exchange, we encourage you to engage in conversations, forge new relationships, and share your experiences. It's through these connections that we amplify our collective impact and drive positive change in our organizations and the world.
Thank you to our speakers, sponsors, DallasHR, Texas SHRM, and the many dedicated HRSWC volunteers from across the state who have worked tirelessly to make this conference a reality. None of this would be possible without each and every one of them, and we encourage you to extend your gratitude as well.
So, let us embark on this exciting journey together, exploring new horizons, embracing change, and building a stronger HR community. We look forward to witnessing the magic that happens when HR professionals come together to learn, network, and grow. Have a wonderful conference and be sure to save the date for next year – October 13-16, 2024, when we will host the 83rd HRSWC at the Ft. Worth Convention Center!
Warm regards,
Rose Ann Garza, SHRM-SCP, SPHR Texas SHRM, State Director 2022-2024
With attorneys around the world, Littler provides labor and employment solutions that are local, everywhere. Our diverse team and proprietary technology foster a culture that celebrates original thinking, and helps prepare employers for workplace issues today and in the future. At Littler, we’re fueled by ingenuity and inspired by you.
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Throughout history, technological innovations have disrupted work practices, causing societal anxiety about job loss. Yet, as Toffler points out, technological change doesn’t just eliminate jobs; it creates new ones, reshaping labor markets in complex ways. In the face of these transitions, the roles of businesses, policymakers, and Human Resources become crucial in mediating both challenges and opportunities.
Currently, artificial intelligence (AI), especially generative AI, is a frontier causing both enthusiasm and concern. As Autor questions, will machines replace or complement human labor? To navigate this uncertain landscape, it is vital to examine these innovations through the dual lens of history and the evolving role of HR. This article seeks to explore how generative AI is shaping HR practices, all while drawing important lessons from the past about technology’s multifaceted impact on work, as highlighted by Bessen.
As technologies emerge and evolve, shaping the creation of innovative new positions across all industries, HR must take the view of technology and AI as a partner to augment their roles as collaborative business partners and finding opportunities to leverage technology to free up time for more strategic tasks rather than viewing technology as a threat or competitor.
In the face of technological evolution, adaptability remains humanity’s greatest strength. A 2017 McKinsey report predicted 800 million jobs worldwide could be automated by 2030. While such figures often incite fear, a nuanced examination of history offers a balanced view. Technology has always been a double-edged sword. The transition from nomadic hunter-gatherer lifestyles to settled agricultural communities, for instance, disrupted existing modes of living but also gave rise to specialized artisans and toolmakers.
In the world of HR, consider how many HR professionals were concerned that applicant tracking systems or payroll processing software would render their positions unnecessary. Quite the opposite, the technology allowed them to better utilize their roles and additional capacity no longer spent on administrative tasks (now handled by the technology), in many cases reducing manual error correction time for payroll or seeing faster, more efficient hiring and selection processes lead to more positive time-tohire/time-to-fill
As Attewell and Rule note, automation initially targeted mundane, repetitive tasks, freeing up professionals for more complex, creative endeavors. The rise of the Internet disrupted retail jobs but also introduced digital marketing roles. A decade ago, roles like “Social Media Manager” or “E-commerce Specialist” were virtually unheard of, but today, they are critical in many organizations. Technology has created access to and demand for hybrid and remote work opportunities within the field of HR itself – particularly in areas such as talent acquisition, training and development, and virtual HR consulting practices.
As AI reshapes the workplace, HR stands at the forefront, guiding organizations through uncharted waters with strategic insight. Machine learning and AI have refueled concerns about mass job automation. Yet, as Brynjolfsson and McAfee argue, roles demanding emotional intelligence, creativity, and abstract reasoning remain difficult to automate. Companies like Amazon demonstrate this dichotomy well, employing AI for inventory management while also creating new roles in data analytics and machine learning.
HR Dive recently noted that “HR jobs are among the top 25 fastest growing positions in the U.S.” and that “human resources analytics manager holds the No. 2 spot.” Harvard Business Review predicts some of the HR jobs of the future are anticipated to be roles such as “chatbot and human facilitator,” “algorithm bias auditor,” and “work-from-home facilitator.” They also predicted roles to support the increase in global virtual meetings and trainings, such as a “VR immersion counselor.”
AI is not just another chapter in the technological evolution of work; it is a watershed moment for HR management. As Kaplan and Haenlein observe, these systems do more than just automate tasks; they reimagine the entire HR function. Generative AI, for instance, delves into the context and nuances of skills and experiences, thereby liberating HR professionals to focus on critical factors like organizational culture and team dynamics. Take the case of IBM, which uses its AI platform, Watson, to assist in talent acquisition, providing insights into the skills and experiences of potential candidates. Such AI-driven tools not only streamline the recruitment process but also ensure that the best talent is matched with the right roles, enhancing overall organizational efficiency.
AI’s potential is unlocking new avenues in employee development. As highlighted by Ideas for Leaders, it offers unprecedented customization in training programs. This level of personalization not only boosts job satisfaction but also plays a significant role in retaining talent. When it comes to performance evaluations, generative AI introduces an unparalleled objectivity by synthesizing multi-source feedback and past performance metrics, providing a comprehensive view of an employee’s contributions and growth.
As the work landscape continues to evolve, AI serves as more than just a tool for operational efficiency; it is propelling HR into an ever more strategic role. This transformation aligns seamlessly with the broader historical context, wherein technology acts as both a disruptor and a catalyst for new opportunities. Standing on the precipice of another wave of technological change, HR professionals find themselves uniquely positioned as strategic partners in charting the future course.
Goran Trajkovski, Ph.D. Lead Academic Program Manager – Healthcare Administration and IT Management Programs Western Governors University goran.trajkovski@wgu.edu
Ashley Dugger, DBA, SHRM-CP Associate Dean and Director-HR Management and Organizational Psychology Programs Western Governors University ashley.dugger@wgu.edu wgu.edu
Have you read Talking Taboo by Alexander Alonso, PhD? Here is the entire book that you can read from our website www.hrprofessionalsmagazine.com
When politics, sex, race, religion, and other polarizing subjects come up in conversation among co-workers, what happens next? SHRM Chief Knowledge Officer Alexander Alonso, Ph.D., SHRM-SCP, explains why some topics are taboo while others are not then brings them to life with real-world conversations on taboo topics, such as politics, race, religion, sex and gender. Based on the extensive findings of the “2020 SHRM Survey of Politics and Polarizing Discussions in the Workplace,” Alonso looks into the future of Talking Taboo, delivers proven assessment and guidance tools, and wraps up by showing how to make taboo topics work in your workplace.
Dr. Alexander Alonso, PhD, SHRM-SCP is SHRM’s Chief Knowledge Officer
Chapter 1
Problematic Workplace Situations: An Introduction
https://hrprofessionalsmagazine.com/2022/12/07/ preview-of-talking-taboo-by-alexander-alsonso-phd/
Chapter 2
The Science of Polarization
https://hrprofessionalsmagazine. com/2023/01/02/2nd-installment-of-talking-tabooby-alexander-alsonso-phd/
Chapter 3
How to Assess and Guide Taboo Talk
https://hrprofessionalsmagazine. com/2023/01/25/3rd-installment-of-talking-taboo-byalexander-alsonso-phd/
Chapter 4
Electoral Politics
https://hrprofessionalsmagazine.com/2023/03/05/ talking-taboo-chapter-4-electoral-politics-by-alexalonso/
Chapter 5
Politics in Broadcast and Social Media
https://hrprofessionalsmagazine.com/2023/03/28/ talking-taboo-chapter-5-politics-in-broadcast-andsocial-media/
Chapter 6
Race, Religion, Ethnicity, and Nationality
https://hrprofessionalsmagazine.com/2023/05/03/ talking-taboo-chapter-6-race-religion-ethnicity-andnationality/
Chapter 7
Sex, Gender, and LGBTQ
https://hrprofessionalsmagazine.com/2023/05/30/ talking-taboo-chapter-7-sex-gender-and-lgbtq/
Chapter 8
Age and Physical and Mental Health
https://hrprofessionalsmagazine.com/2023/05/30/ talking-taboo-chapter-7-sex-gender-and-lgbtq/
Chapter 9
Opinions, Empathy, and Culture
https://issuu.com/hrprofessionalsmagazine/ docs/hrpm_aug_2023_high_res_ whyperlinks/s/29224725
Chapter 10
Epilogue: The Future of Taboo Talk
https://hrprofessionalsmagazine.com/2023/08/29/ talking-taboo-chapter-10-epilogue-the-future-oftaboo-talk/
Itdowntown Little Rock, Arkansas, at a time when it was known as “The Most Dangerous Small City in America.” The shift had been fairly quiet, and I hoped to end it without incident. Suddenly, the evening air was pierced by a gunshot. It sounded like it was a couple of blocks away, so I started sprinting in that direction.
As I got closer, I could hear shouting and screaming coming from the front of a hotel. I wasn't sure at the time, but I was witnessing an armed robbery where four men were accosting a newlywed couple. The bride was in her wedding gown, and the groom a tuxedo. I could see the suspects running across the highway, coming my way. I positioned myself to intercept, and when they got there, I identified myself and shouted at the suspects to get on the ground. Three of them complied, but one feigned compliance, shooting me instead.
I had missed a critical warning sign. Instead of looking at the ground as he pretended to comply, one subject looked at me as he bent over, deftly pointing his gun my way.
I mostly recovered from the wounds I sustained that night, both physical and emotional. But that incident made me think more deeply about violent crime and how poorly equipped we were to reduce it. I asked myself if anyone had the answer to preventing targeted violence.
My answer would come from a most unexpected source.
After working for a time in a desk sergeant role, I decided to leave the PD, taking a job managing security for a private concern. The year was 1992, and a governor from our small state had risen to popularity nationwide in a bid for the presidency. His name was Bill Clinton.
In the campaign's closing months, I functioned as a liaison to the United States Secret Service, assisting with the security of the future president. During that time, I watched in awe as the Secret Service did the hard work of keeping a public official
safe, especially in a crowded environment like downtown Little Rock on election night.
The agents gathered protective intelligence, conducted thorough advances of all locations, assessed the numerous daily threats, and worked to de-escalate so that no attacker got close enough to try. This was a radically different approach to the strategies I'd learned as a law enforcement officer, where most of our job was reacting to problems after the fact. But the Service was looking for signs that gave an advanced warning of violence.
Maybe someone did have an answer to preventing targeted violence.
In 1993, I was recruited to what would soon become the world's largest company for a position in Loss Prevention. Rapid promotions would follow for the next few years until I became a founding member of Walmart's Global Security efforts. Protecting people and places across the planet exposed me to more than I could have ever imagined walking a beat in Little Rock.
I learned that the warning signs of a natural disaster were different than those of a terrorist attack, which were different than a threat against the CEO, but that there were always warning signs.
Then I met Gavin de Becker.
De Becker is a best-selling author whose work in predicting violence has earned him three Presidential appointments and acclaim as the nation's foremost expert in this area. I had an opportunity to study under him multiple times. He opened my eyes to the well-established warning signs of violence, which allow you to predict what may happen next. He also introduced me to best practices in mitigating, de-escalating, and preventing acts of destruction.
My work enabled me to protect dignitaries, internationally known political figures, celebrities, CEOs, and billionaires. I spent 24 years keeping these folks safe. Then something started to nag at me.
Who was keeping everyone else safe?
That's why I started SafeHaven Security Group. I knew I could bring Threat
By DOUG ELMSAssessment and Management (TAM) to people and organizations nationwide. Why should these effective methodologies be used only for the rich and famous? Why couldn't we apply the same principles that the Secret Service uses to protect the president and help small businesses keep their people safe? We can, and we have. Because it's not about sidearms and sunglasses; it's about mindset and methodology.
The Secret Service tracks threats against the president every single day. Yet, when was the last time there was an actual attempt? Reagan. 1981. I'd say that's proof that TAM works.
My experience echoes the success of the Secret Service. In the decades since my colleagues and I have followed TAM protocols, we have kept targets safe 100% of the time. Sure, we've had some near misses, but those were when the client didn't fully follow our recommendations.
At SafeHaven Security Group, we manage threats of all kinds, including domestic violence spillover into the workplace, disgruntled employees, and active shooter. We also offer robust training in preventing mass shootings, verbal de-escalation, safe terminations, and much more.
As weird as it sounds, getting shot set me on the path to where I am now, helping keep both the rich and famous and regular folks like you safe at work, home, and as they travel. I'm almost grateful.
Please reach out if we can help keep your organization safe from violence. Even if it's an active threat case, your initial call to me or one of our experts is always free.
Doug Elms, Founder & Principal Consultant Safehaven Security Group
How getting shot became one of the best things that ever happened to me, and maybe to you.
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards for employees. Its provisions are enforced by the Wage and Hour Division (WHD).
The FLSA requires that most employees in the United States be paid at least the Federal minimum wage (currently $7.25/hour) for all hours worked, and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, outside sales employees and certain computer employees. So, what are the hot buttons that trigger the interest of the WHD and private-action attorneys? A few immediately come to mind:
• Deductions (other than legally required deductions) from the salaries of exempt employees;
• A high percentage of employees considered exempt (probably more than 25%), particularly if a significant number are being considered exempt administrative employees;
• Time records that do not show variations in hours worked;
• Time records that always show exactly 30 minutes for meal periods;
• Workers paid as independent contractors; and
• Payment of commissions, bonuses and other similar payments without including such payments in the regular rate for computing overtime.
It may be that none of these hot buttons apply to your business and that you are actually in complete compliance with the FLSA, but if you recognize any of them as being characteristic of your business, they are issues that leave you vulnerable to allegations of noncompliance.
It is amazing that some otherwise quite sophisticated employers misunderstand that almost all bonuses, commissions and shift differentials must be included in calculating the basic hourly rate for overtime.
An employee’s "regular hourly rate" includes all remuneration for employment except seven specified types of payments: (1) truly discretionary bonuses, (2) gifts and payments in the nature of gifts on special occasions, (3) contributions by the employer to certain welfare plans, (4) payments made by the employer pursuant to certain profit-sharing, (5) thrift and savings plans, and (6) certain kinds of premium pay.
Few bonuses are deemed “discretionary” because that definition excludes incentive systems which induce employees to perform better. Bonuses which do not qualify for exclusion from the regular rate must be added in with other earnings to determine the regular rate on which overtime pay must be based.
Bonuses which do not qualify for exclusion from the regular rate must be added in with other earnings to determine the regular rate on which overtime pay must be based. These include production bonuses, attendance bonuses, longevity bonuses and virtually all commissions.
By CAROL R. MERCHANT
Section 13(a)(1) of the FLSA provides an exemption from overtime for certain employees employed in an executive, administrative, or professional capacity. The current minimum weekly salary for exemption is $684. However, the Wage and Hour Division has just published a proposed rule that would increase that to $1,089 per week. At this point, this is just a proposed amount. It will likely be sometime in 2024 before we know the specific amount that will be required.
To qualify under the executive, administrative or professional exemptions, an employee must be paid on a salary basis rather than on an hourly basis, but merely paying an employee on a salary basis is not enough to constitute an exemption. The salary basis requirement means an employee must receive a full salary for any workweek in which any work is performed without regard to the number of days or hours worked, with some limited exceptions.
Additionally, there are strict duties tests for each of these exemptions which need to be considered carefully.
The definition of "employ" in the FLSA is "to suffer or permit to work." Any employer who tolerates employees working is liable under the Act to compensate them for the time worked. There is no such thing as "voluntary" time, and it is not recognized by the Department of Labor in any circumstances. If an employee works “unauthorized” time and you let him or her do so, you must pay for those hours.
Among the most expensive potential liabilities under the FLSA are a series of situations in which employers do not measure “hours worked” properly, including:
1. Making automatic 30-60 minute deductions for “lunch periods” when employees remain on duty of some sort during the “break”, or take the period in several segments so that less than a 30 minute “uninterrupted” break is involved. Meal periods must usually be at least 30 minutes to qualify as non-compensable time. The employee must be completely relieved from duty for a meal period to be deducted. Allowing employees to work through lunch or eat at their desks automatically creates problems. Under the FLSA you are liable to pay employees if you “suffer or permit” them to work -- not just when you make them work. Even "catching the phone" or checking e-mails while eating will render the period compensable.
2. Deducting for an “unpaid break” of less than twenty (20) minutes. Don’t attempt to reduce payroll costs by "docking" employees for short break or meal periods. This practice frequently leads to FLSA violations. Short rest periods (between 5 and 20 minutes) are compensable time and may not be offset against other working time.
3. Not understanding how to calculate “travel time” as “hours worked”, particularly if it is away from the plant or office. Some travel time is compensable under the FLSA, and some is not. The ordinary commute is not compensable, but an employee who is called away from home on an emergency basis or who travels after the work day has begun must be compensated. For example, an employee
who takes a company vehicle home at night does not have to be compensated for the time spent traveling to the first assignment of the day. However, problems may arise when an employee who regularly works at one location is required to work at another for a short time, or when travel is an integral part of the day's work. If the employee has to do any work at all before the travel commences (such as going by the shop or plant to pick up supplies), the travel time is compensable.
4. Not understanding that time spent making/answering cell phone calls or accessing e-mails or other work materials outside of working hours via smartphones, virtual private networks or other similar electronic devices will almost always have to be counted as hours worked and included as compensable time.
The difficulty here occurs when an employer fails to understand that it takes a lot more than a contract to make a worker’s status that of “independent contractor” rather than “employee.” Independent contractor status does not depend upon the existence of a contract specifying that the worker is an independent contractor, or upon what the parties might call the relationship, but rather on the underlying nature of the work relationship. There is no way to contract around an employment relationship; no piece of paper and no amount of explanation will overcome the evidence of an employment relationship if the Department of Labor or the Internal Revenue Service examines the situation.
There is no single test that determines whether a worker is an employee or independent contractor under the FLSA, and different regulations have been issued to govern this situation under every president over the last 10
years. Most Courts use a 6-factor “economics realities” test. These 6 factors are described below. None of these factors, standing alone, is dispositive. A key point is whether the individual is economically dependent on the business to which he renders service as an employee or is, as a matter of economic fact, in business for himself as an independent contractor. The weight of each of the 6 factors depends on the light it sheds on the alleged employee’s dependence (or lack thereof) on the alleged employer:
1. The degree of control exercised by the alleged “employer” over the alleged “employee.”
2. The degree to which the “employee's” opportunity for profit or loss is determined by the employer.
3. The relative investments of the alleged employer and “employee.”
4. The degree of skill and initiative required in performing the job.
5. The duration or permanency of the working relationship.
6. The extent to which the “employee's” work is an integral part of the alleged employer's business.
If there is any question of whether your practices are in compliance with the Fair Labor Standards Act or State law, always remember that an audit of your pay practices by legal counsel is a good idea and can identify problem areas and solutions before you have an unwelcome visit from the Department of Labor, or the even more unwelcome experience of being the subject of private litigation.
Carol Merchant, Consultant Wimberly Lawson Wright Daves & Jones, PLLC cmerchant@wimberlylawson.com
Whether we’re talking to business owners or the HR teams who support them, when it comes to HR technology, there seems to be a recurring theme: providers leave a lot to be desired.
It’s not that the technology itself is bad per se. In fact, today’s HR tech is capable of some pretty impressive tasks. It’s the ongoing service, support, and collaboration that seems to disappear shortly after the ink dries on the contract.
And the evidence that this is an increasingly alarming issue is more than anecdotal.
For the past 25 years (and counting), Sapient Insights Group has been conducting its Annual HR Systems Survey, an exhaustive report aimed at spotting the topics and trends that will shape the HR landscape in the years ahead.
Results from the recent 2022/2023 study revealed:
• 6% decline in overall user experience ratings
• 7% decline in overall vendor satisfaction ratings
• “cost vs. outcomes” and “declining customer service” were the top two factors driving scores lower
Although the overall decline is still within the single-digit range, when combined with the other factors that impact HR professionals today – the ongoing war for talent, extraordinary economic pressures that weigh on the business as a whole, and the increased demands that are placed on already overworked HR teams – there’s a perfect storm in the making.
Just when HR professionals need more support from their vendors, things seem to be heading in the opposite direction.
So how do we reverse direction?
The answer is closer – and more accessible – than you think.
The capabilities and capacity of Human Resource outsourcing (HRO) organizations have grown significantly in recent years, and as employers strive to “do more with less” – particularly in this economy – HROs can play an increasingly important role in the day-to-day operations of the business.
They’re also an in-house HR team’s best friend. Here are three key reasons why.
1. HROs offer an antidote to the “big box blues”
If you feel like you’re not getting the level of timeliness, responsiveness, and support you expect from your “big box” HR technology or HCM provider, working with an HRO organization that has a local presence can make the difference between feeling frustrated and feeling fulfilled.
When you’re working with a local HRO, issues get immediate attention and are resolved right away. No impersonal call centers. No endless “press 5 for this, press 2 for that” nonsense. No “we’ll get back to you” promises that never come. Just the opportunity to work with someone who is deeply connected to your business and a part of the community.
This relationship is extremely valuable as your company grows and scales. Local HRO providers can help to map out the personnel side of business growth and keep you appraised of current trends, challenges, and opportunities impacting your labor market. This gives you a strong strategic advantage, but the right provider can also help you with some of the more transactional aspects of HR as well.
2. HROs empower you to spend less time on administrative tasks, and more time supporting employees.
Recent Gallup reports show that only 32% of US workers are actually engaged. Turning the tide on this disturbing trend will take effort, energy, and focus, but the day-to-day administrative tasks that are non-negotiable parts of the employee experience can be all-consuming.
Payroll, benefits administration, compliance concerns, risk management, onboarding paperwork, employee handbooks… they’re all critical tasks, but they also tend to get a bit tedious. The right HRO provider, however, can assume responsibility for all these tasks (and more) while keeping you in the loop every step of the way.
HRO organizations also deliver access and support to resources that actively enhance the employee experience. Some of the best ways to boost engagement include:
Providing benefits that address the health, wellness, financial, and retirement needs of your workers and their families. This adds tremendous peace of mind, particularly in today’s economic climate.
Helping to forge a culture that is mindful of the wants and goals of the workforce. Employee engagement studies, employee satisfaction surveys, and other similar activities will help you keep your finger on the pulse of your workforce and deliver the programs and support services that will keep employees happy, focused, and loyal.
Delivering opportunities to help employees learn new skills, establish goals, and advance their careers will show employees you’re investing in their future and help you actively close skills gaps as they emerge. It’s an absolute win-win.
If the past few years have taught us anything, it’s that the labor market can be a bit on the mercurial side. As the year began, publications breathlessly reported on “The Great Resignation,” a mass exodus of workers who planned on quitting their jobs, making an already runaway recruiting and retention issue even worse. As the economy worsened, we began reading about “The Great Stay,” the dynamic that would see workers hunker down and remain in their current jobs even if they weren’t happy. Only to see “The Great Resignation” crop up again.
If HR teams attempted to scale up or scale back in response to these trends, a tremendous amount of energy and expense would have been consumed just trying to keep pace. By contrast, relying on HRO organizations allows businesses to contend with the ebb-and-flow of such labor markets with ease. Adding or removing services, even helping with “level-setting” episodic tasks such as comp surveys and succession planning, is a much lighter lift than trying to find the time and personnel to get those tasks done internally.
In a world where “killer brand” tech and services often fall a bit short, HROs present a flexible solution, offering personalized attention, and delivering the agility you need to navigate the twists and turns of today’s employment landscape.
Matt Lewis, Co-Founder & President matt@congruityhr.com Congruity HR
The Southeast’s premier resource for HR, payroll, and benefits administration support.
Whether you’re an “army of one” supporting the personnel needs for an entire company or part of a larger team but need some extra HR horsepower on demand, Congruity HR is THE go-to resource for HR pros and employers throughout the southeast.
Unlike impersonal, unresponsive “big box” providers, Congruity HR will always be here for you because we’re part of your community. Literally.
From our headquarters in North Carolina to our offices in South Florida and everywhere in between, Congruity HR is your local resource for top-tier HR support.
Everyone in HR would immediately scream, Defeat the supervillains!"
It's a funny question, but what isn't so funny is trying to attract and retain top talent in the real world. And it's not just about "fickle" employees or "too much competition." With 76 percent of employers having been 'ghosted' by a candidate and a labor force participation rate of around 62 percent, it's getting tough out there.
So, here you are, trying to remain culture-minded and budget-focused while you craft the most appealing compensation packages. Your mission?
To attract, interview, hire, and onboard employees who will fit with the company culture and stay loyal and grow in value. That's a lot to handle, even for superheroes.
The solution s multi-pronged, and no one person has all the tools needed. In fact, every superhero needs a team. With their team they are unstoppable.
So who's on your team? Right now, I bet you have a league member you think of maybe once a year during renewal season. And yet a l year long what they provide to your team is instrumental to everyone's health, loyalty and very ives.
I'm Will Brown and I'm a broker crusader" to my clients-to HR professionals like you who want to be superheroes in the eyes of their employees. But what about rising costs? Insurance premiums are rising more quickly than inflation That's why you need a broker who:
By WILL BROWN• Understands the levers that drive premiums.
• Knows how to search for creative strategies.
Recognizes employee goals, so you only pay for the insurance perks your team needs.
• Performs a thorough yearly analysis rather than adopt the "set and forget" attitude that plagues most brokerages.
At The Benefits Group, we are defying the "order-taker" broker stereotype. We see that small- to mid-sized businesses are being underserved in their ability to offer Fortune 500 benefits to their employees. And we're doing our best every day to change that.
As professionals in the HR world, we know the happiness of our people matters—a lot. But we’re limited by budgets, time, and perhaps our own imaginations. Besides, we’ve got the triedand-true staples: medical, dental, and vision (the trifecta of the benefits world). But why does it have to stop there? Last I checked, no rulebook says we can’t get a little creative to increase the collective
Can a benefits broker change the world? For your employees, I believe we can. We thrive on getting the best deals and beating the market. In virtually every competitive situation, we win. Not all heroes wear capes. But we're ready to make you look like a superhero to your employees. Let your employees see how much you care through the affordable benefits you offer.
Let us turn you into a Benefit Superhero!
Measuring the innovative perspective in a world of corporate dynamics where companies meticulously track ROI, net income, and other metrics. It invites us to transcend conventional parameters and focus on employee well-being, joy, and satisfaction as indicators of organizational health and success. Some companies are getting it right. We hear wild stories of the lengths some take to create a culture of fun in their workplaces. Here are a few examples:
• Google. Google employees enjoy onsite perks like laundry, fitness centers, and meal options from various cuisines. They even have “nap pods” for a quick daily recharge!
• Zappos. When it’s your first day at the office as a new Zapponian, you get your own parade! Zapponians can also earn Zollars for participating in company events, which can be redeemed for merchandise.
• Salesforce. Salesforce has wellness reimbursement programs to encourage healthy lifestyles since healthy employees are productive. They’ve gone so far as to have themed floors, including a mindful meditation floor.
• Facebook. Facebook provides its employees with video game and VR stations for downtime, on-site barber shop and dental services, and access to various classes and workshops for personal and professional development.
We know these companies’ “happiness budgets” far exceed ours. But do the more unique benefits you provide have to cost a fortune? Absolutely not. A sprinkle of creativity can compensate for any shortcomings in your core offerings.
If your benefits look a bit drab and maybe a little last century, it’s time to give them a makeover (one that doesn’t break the bank).
Let’s not be bound by the formal and conventional. Car wash days, exclusive discounts on that café around the corner, book clubs, or even themed gift baskets—let your imagination run wild! Negotiate fleet discounts for car washes or oil changes or strike a deal with the local dealership for discounts on new rides. Here are a few other affordable ways to take your benefits offering to the next level (one that boosts the Happiness Quotient):
• Create a Learning Culture. Host regular knowledgesharing sessions where employees can share insights and knowledge on topics, they are passionate about. A monthly book club can also be a low-cost way to encourage employee learning and discussion.
• Promote Wellness. Hosting a weekly virtual yoga or meditation session can be inexpensive and promote wellness. Your employees may even love a month-long step or workout challenge.
• Celebrate Together. Host themed dress-up days or potlucks where everyone can contribute. Regular shoutouts and recognition in team meetings can boost morale without costing a dime.
• Encourage Community Engagement. Encourage employees to volunteer and offer a few hours of paid time off for them to do so. Participate in local events or host a community day where employees can engage with the community.
• Negotiate Discounts. Negotiate discounts with local businesses for your employees. Leverage the collective buying power of your employees to secure discounts on various services and products.
• Fuel Creativity. Host regular contests where employees can submit innovative ideas, with small rewards for the best ones. Arrange for workshops or brainstorming sessions to foster innovation and creativity among employees.
Of course, we can’t toss the essentials, but there’s a whole dazzling world of creative and functional benefits we can explore. Wellness initiatives, on-site learning, mortgage discounts, and gym memberships are just the starting line. Think bigger, think bolder!
Let’s not keep our benefits stuck in the Stone Age. Let’s jazz them up, align them with our cultures and values, and make them the talk of the town. Let’s explore, innovate, and, most importantly, have some fun along the way. Keep it lively and watch the Happiness Quotient in your company shoot through the roof!
If you want to brainstorm more ideas, call me at The Benefits Group. I’m happy to discuss ways to help you raise the Happiness Quotient of your employees! Just ask for Will.
www.thebenefits.group
615.250.3334
In today's competitive job market, possessing a recognized degree is often a critical requirement for candidates vying for desirable positions. Unfortunately, the prevalence of fake diplomas has become a significant concern for organizations worldwide. In this article, we will delve into the process of acquiring a fake diploma and shed light on the importance of utilizing an accredited company to verify degrees. HR professionals play a crucial role in safeguarding their organizations from the risks associated with fraudulent credentials.
Fake diplomas, also known as counterfeit or fraudulent credentials, are unauthorized replicas of legitimate degrees or diplomas. These fabricated documents are created and distributed with the intention of deceiving potential employers or educational institutions. The ease of access to advanced printing technology and the growing number of online diploma mills have exacerbated the prevalence of fake diplomas.
The motivations behind obtaining a fake diploma vary. Some individuals may seek to compensate for a lack of qualifications, hoping to secure better job prospects. Others may resort to fraudulent credentials to gain an undeserved reputation, salary, or promotions. Regardless of the motive, the consequences of employing individuals with fake diplomas can be detrimental to organizations.
Hiring individuals with fake diplomas poses several risks and consequences for organizations. Firstly, it compromises the integrity of the recruitment process, undermining the selection of candidates based on genuine qualifications. This can lead to a less competent workforce and an erosion of trust within the organization.
Secondly, employing individuals with fake diplomas can expose companies to legal liabilities. In certain professions, such as healthcare or engineering, the possession of a genuine degree is a legal requirement to ensure the safety and well-being of the public. Failing to verify credentials can result in severe legal repercussions and damage to the organization's reputation.
Finally, hiring employees with fake diplomas can negatively impact team dynamics and employee morale. Genuine employees may feel undervalued and demotivated when they discover that their colleagues have been deceitful in their qualifications, leading to a toxic work environment.
To mitigate the risks associated with fake diplomas, organizations should adopt a robust background screening process that includes comprehensive degree verification. Utilizing a background screening company accredited with the Professional Background Screening Association (PBSA) ensures a thorough and accurate verification process.
Accredited background screening companies adhere to strict industry standards and best practices. The PBSA is an internationally recognized industry association that sets guidelines and provides accreditation to screening companies. Partnering with a PBSA-accredited provider ensures that the screening process is conducted with utmost professionalism, integrity, and compliance.
By utilizing accredited background screening, Human Resources professionals can benefit from the following:
1. Enhanced Due Diligence: Accredited screening companies employ experienced professionals who conduct meticulous verification of academic credentials. They have access to vast databases and tools that allow them to cross-reference and authenticate degrees with educational institutions.
2. Legal Compliance: PBSA-accredited companies are well-versed in relevant laws and regulations pertaining to background checks. By partnering with an accredited provider, organizations can ensure that their screening processes align with legal requirements, reducing the risk of potential legal liabilities.
3. Increased Organizational Credibility: By prioritizing comprehensive background screening, organizations send a clear message to stakeholders that they are committed to hiring qualified and trustworthy professionals. This commitment enhances the organization's reputation and builds trust among clients, employees, and partners.
4. Safeguarding Organizational Culture: Verifying degrees and credentials through an accredited screening company helps maintain a healthy work environment and fosters a culture of integrity. Employees can be confident that their colleagues have earned their qualifications legitimately, promoting a sense of fairness and professionalism.
In an era plagued by fake diplomas and fraudulent credentials, HR professionals play a pivotal role in protecting organizations from the risks associated with hiring unqualified individuals. Utilizing an accredited background screening company ensures a robust verification process that safeguards organizational integrity, mitigates legal liabilities, and fosters a culture of trust and professionalism. By prioritizing accredited background screening, organizations can enhance their reputation, build a competent workforce, and secure a brighter future.
Data Facts | www.datafacts.com
Everywhere we turn these days, it seems the economic outlook is in debate. Experts point to conflicting data showing exceptionally low unemployment numbers (good) while also showing stagnant wages (bad). We see inflation rates have stabilized (good) but also reports of record high credit card debt (bad). In our HR world, we have the unenviable job of balancing the needs of the business with the needs/desires of our workforce. Add to that the extreme competition for skilled talent, and the challenge becomes even greater.
As a science, the study of Human Resources typically does not include a requirement for business accounting. While it is mentioned in many undergraduate degree programs, it is almost never mentioned in graduate programs. When it comes to the business side of HR, as professionals we are not as prepared as we need to be to adequately address cost drivers, specific return benchmarks, and how to truly measure bottom line success.
Several years ago, a business consultant created a presentation to teach non-financial managers how business leaders measured assets, liabilities, and profit. Acronyms like EBITDA, P&L, ALM were all foreign to many, and he helped explain them by using a simple method to illustrate how the “bean counters count the beans.” He used all kinds of beans in giant bowls and would move them from bowl to bowl to show how costs were allocated. He would even throw jellybeans into the audience to show how often money was wasted. It was fascinating to watch, and it drove home his point: YOU GOTTA COUNT THE BEANS!
How does HR meet this directive? We talk often about what we perceive to be the “return on investment” (or ROI) on this program or that program. But we are all too often stumped by how to truly measure this important business tool. Why is that?
First of all, not all HR initiatives can be directly tied to an investment strategy. Wellness programs are a good example. These programs are important – for many reasons – in the workplace. We know a healthy workforce is a happier workforce – but what does happiness mean to the CFO? Is there a line item that shows the value of employee happiness? Probably not. However, we have to follow the line of the employee life cycle to show true return to the bottom line.
Wellness programs often tout a decrease in insurance premiums over time. But that is tricky since some illnesses, injuries and conditions will not be improved by any wellness initiative. Year over year, there may be reduced costs associated with medical expense claims, but there may not be a big return in the short term. Maybe we’re measuring the wrong thing!
Consider this: Healthier employees equal happier employees. Happier employees are more engaged. A more engaged workforce tends to have lower absenteeism. Lower absenteeism from an engaged workforce will equal greater productivity. Greater productivity equals higher output, improved service, and lower risk. Now wellness sounds like a great investment!
Human Resources has long been assigned the role of the “people persons.” Somehow our profession has been relegated to party planners and paper pushers and often left out of important business decisions. HR professionals have spent endless hours trying to figure out how to get a “seat at the table” in the hope that our voice in decision-making will elevate our importance. The thing that will get us to that executive table more often is being seen as valuable as RISK managers. And RISK management after all is a keystone of all business. Everything decided at the corporate level is measured by the amount of risk exposure the company accepts when making those decisions. How much more do HR initiatives and decisions have their origins in managing risk?
Example: Recruitment has risk exposure – hiring the right people, at the right time, at the right compensation reduces the risk of loss of business continuity. But when recruitment is done poorly, the risk increases exponentially.
A second example: Retention also has risk exposure – keeping employees engaged, paying them not just fairly but competitively and giving them opportunity for career and financial growth reduces the risk of turnover and, thus, loss of business knowledge and reduced productivity.
A third example: Benefits has a tremendous risk exposure – not just financially in terms of what we pay on behalf of the employee, but what it says to current and potential employees that helps us recruit and retain our best talent. When done well, our benefits platforms can boost our ability to recruit the best and brightest and then keep them long-term to help our organizations grow.
So, what does all this mean for the HR professional and the people to whom HR departments report? It means there must be a greater focus on hiring more business-savvy HR executives who understand how businesses make money and how they measure bottom line success. There must be a push to require current HR pros to expand their business acumen through formal study (university/college/online) and through mentorship. It is no longer enough to understand only the “people business.” We MUST improve our understanding of the business of business.
Because ultimately, at the end of the day, we’ve just gotta count the beans!
Janie Warner, SHRM-SCP Vice President/National Human Resources Advisory Practice Leader McGriff
O: 501-661-4876
E: janie.warner@mcgriff.com McGriff.com
Our proprietary approach helps you quantify and achieve optimal plan performance across four key areas of your employee benefits program Managing Costs, Operational Efficiency, Risk Mitigation and the Employee Experience by answering three key questions:
• How is your organization doing?
• Where should you aim?
• What’s the value in getting there?
By optimizing benefit plan selection, design, management, and employee engagement, McGriff MORE Insights can help turn your benefits program into a real differentiator that aligns with your organization’s culture and business objectives. Visit McGriff.com to learn more.
Reprinted from the Bass, Berry & Sims HR Law Talk Blog
On August 23, the Internal Revenue Service issued Rev. Proc. 2023-29, announcing that the Affordable Care Act (ACA) affordability threshold will be 8.39% for plan years beginning in 2024, a substantial decrease from the 9.12% affordability threshold set for plan year 2023. This marks the largest change yet in the affordability thresholds year-over-year. The affordability threshold is used to determine whether employer-sponsored health coverage is affordable for purposes of the ACA’s employer-shared responsibility provisions.
…the Affordable Care Act (ACA) affordability threshold will be 8.39% for plan years beginning in 2024, a substantial decrease from the 9.12% affordability threshold set for plan year 2023.
Since 2014, the ACA regulations have provided that coverage is considered affordable if the employee premium for the lowest, self-only coverage option does not exceed a certain percentage of an employee’s household income. That threshold percentage has been adjusted each year since 2014 but has always remained above 9% until this latest announcement.
The decrease in the 2024 affordability threshold will likely force employers to reduce the cost of their lowest-cost, self-only coverage option in order to avoid potential ACA penalties. The chart provides an example of how the change in the affordability threshold will reduce the maximum premium employers may charge employees for the lowest-cost, self-only coverage option on a monthly basis using the thresholds for this year (2023) versus next year (2024). The example assumes an employee earns $20/hour and works 40 hours per week ($41,600 annually).
The decrease in the 2024 affordability threshold will likely force employers to reduce the cost of their lowest-cost, self-only coverage option in order to avoid potential ACA penalties.
In preparing for open enrollment, applicable large employers subject to the ACA’s employer-shared responsibility provisions should work with their benefits broker and legal counsel to ensure the coverage offered to employees for the 2024 plan year meets the new affordability threshold. Unaffordable coverage could expose an applicable large employer to a potential ACA penalty if any employee obtains subsidized coverage on a state or federal exchange.
Susie Bilbro advises clients on all aspects of employee benefit plan design and administration including compliance with ERISA, the Patient Protection and Affordable Care Act (healthcare reform), COBRA and the Internal Revenue Code. She has counseled public and private clients on employee welfare and pension benefits issues, both in connection with corporate transactions and on day-to-day administration. In addition, Susie has prepared submissions to the IRS and Department of Labor for qualified retirement and welfare benefit plans. Susie also has experience advising clients on executive compensation arrangements.
Kimia Movahed counsels clients on the design, implementation and administration of qualified employee benefit plans, health and welfare benefit plans and deferred compensation packages. She also provides advice on employee benefits and compensation issues arising in mergers, acquisitions and other corporate transactions.
As I began to write this article, I was reminded of one of Yogi Berra’s famous sayings, “It’s déjà vu all over again.” It does not feel like it was that long ago that I was writing articles and presenting presentations on the U.S. Department of Labor’s 2016 proposed revisions to the Fair Labor Standard Act’s salary level—the first revision since 2004. Yet here I sit writing a new article about another round of proposed revisions to the FLSA salary level. Here we go for another ride on the merry-go-round!
Under the FLSA, unless an exemption applies, employers must pay employees overtime wages—one-and-one-half times the regular rate of pay—for all hours worked in excess of forty hours in a workweek. Pertinent here, an employee can be exempt under the FLSA if he or she qualifies for one of the white-collar exemptions—executive, administrative, or professional. To qualify for one of the white-collar exemptions, an employee must currently (1) be paid on a salary basis; (2) receive a minimum salary of $684 per week; and (3) meet the executive, administrative, or professional job duties test.
The FLSA also exempts highly compensated employees (“HCE”) from the overtime requirements. To qualify for the HCE exemption, an employee must currently earn a minimum annual salary of $107,432 and regularly perform one or more of the exempt job duties identified in the white-collar exemptions.
As many HR Professionals well remember, back in 2016, then President Obama’s DOL finalized a rule increasing the minimum salary level from $455 per week ($23,660 annually) to $913 per week ($47,476 annually). However, only a few weeks before the increase went into effect, the United States District Court for the Eastern District of Texas granted an injunction that stopped the salary level increase from taking effect. See Nevada v. United States Dept., of Labor, 218 F. Supp.3d 520 (E.D. Tex. 2016).
Shortly after the injunction, President Trump took office in January 2017, and President Trump’s DOL replaced President Obama’s rule with a milder rule. Specifically, effective January 1, 2020, the salary basis level increased from $455 per week ($23,660 annually) to $684 per week ($35,568 annually) for the white-collar exemptions, and the HCE salary threshold increased to $107,432 per year.
On August 30, 2023, President Biden’s DOL released a Notice of Proposed Rulemaking that will again change the minimum salary level for the white-collar exemptions and the HCE exemption.
Under the proposal, the salary basis level will increase from $684 per week ($35,568 annually) to $1,059 per week ($55,068). This increase is based on raising the salary level to “the 35th percentile of earnings of full-time salaried works in the lowest-wage Census Region (currently the South).” See DOL FAQ (available at www.dol.gov/agencies/whd/ overtime/rulemaking/faqs).
Further, the DOL proposed increasing the salary threshold for the HCE exemption from $107,432 to $143,988 per year. This increase is based raising the salary level to “the annualized weekly earnings of the 85th percentile of full-time salaried workers nationally.” Id
These proposed salary levels are likely to be even higher when the final rule is implemented. In its notice, the DOL advised that it plans to base the final salary level on the most recent data available. The 2023 data will likely be available when the final rule is implemented, and the 2023 data is likely to be higher than the 2022 data that the current proposal is based upon.
The DOL lastly seeks to automate future salary increases. President Obama proposed a provision to automatically increase the salary levels every three years, and President Biden has resurrected this proposal. If enacted, the DOL’s proposal will automatically increase the salary level for the white-collar and HCE exemptions every three years.
The DOL has not proposed any changes to the executive, administrative, and professional job duties test. Nor has the DOL proposed any changes to the rules on nondiscretionary bonuses and incentives counting towards the salary level.
With a Notice of Rulemaking, there is a 60-day period for public comment on the proposed changes. Consequently, Employers may submit written comments addressing these proposed changes.
After the public comment period ends, the DOL will review the comments and finalize its rule. While it is unknown exactly how long that process will take, the period will likely take six-to-nine months. And, once the final rule is announced, the DOL will likely provide at least a 30-to-60-day grace period for employers to prepare for its implementation. Consequently, the earliest the final rule is likely to take effect is summer 2024.
After a final rule is released, employers can expect a similar trajectory as President Obama’s proposal experienced in 2016. That is, the DOL’s final rule will likely face challenges in federal court just like President Obama’s rule did. Suffice to say, the road that lies ahead may be a lengthy and uncertain road as employers begin considering how they will handle a salary level increase.
If not before, once the DOL releases the final rule, employers should begin considering how to comply with a rule similar to the rule the DOL proposed on August 30, 2023. Employers will need to consider how to apply the rule to employees who earn between the current salary level of $35,568 and the new salary level set in the final rule. Employers will need to either increase salaries to the minimum weekly salary level to preserve the exemption or convert the employee to a non-exempt employee who will earn overtime for hours worked over forty hours in
It is also a good idea to review the employee’s job duties to ensure that he or she meets the job duties test for the executive, administrative, or professional exemptions. If the employee cannot satisfy the job duties test, then there is no reason to consider whether to increase the employee’s salary or convert the employee to non-exempt.
Lastly, if the automatic increase is enacted, employers should plan for how to handle a salary level increase every three years. With such automatic increases, the salary level will increase quickly, and employers should plan for the increase now to soften the blow of the next increase.
Although there is much uncertainty that lies ahead, employers should not wait until the last minute to plan for an increase. Instead, employers should begin planning how they may address the proposed salary level changes and wait for additional information before implementing any changes.
As employees are striving to live more holistically healthy lives, they are keeping on top of their health—and that includes their eye health. With issues like blurry vision, eyestrain, and headaches negatively impacting their work performance and productivity, it’s important for employers to offer health benefits that can positively impact eye health and overall wellness.
Health is not just physical, but also mental and emotional, and employees are taking care of themselves holistically as nearly all (96%) of those surveyed say they are likely to visit a healthcare provider in the next 12 months, most likely including a primary care provider, dentist, or eyecare professional.1
Also, nine out of ten employees are partaking in other healthy activities quite regularly, including eating healthy foods, exercising, meditating and yoga, or visiting a mental health professional. 1 With these findings, we are seeing that employees have taken a greater interest in their own health and are actively engaging in healthy habits.
However, it has been found that employees are continuing to report issues with their eyes. According to the 2023 Transitions Workplace Wellness Survey, 78% of employees report issues with their eyes negatively impacting their productivity and performance at work— eyestrain and blurry vision, in particular, can lead to many disturbances. Nearly half (49%) of employees cite eyestrain/eye fatigue as negatively impacting their productivity and performance. 45% of employees cite digital eyestrain symptoms like headaches—up six percentage points since the 2022 Transitions Workplace Wellness Survey—and over a third (38%) cite blurry vision—up two percentage points since 2022—as negative impacts on their productivity and performance.
There is an easy but effective way that employers can use to help alleviate these negative issues that plague employees. Encouragement to take breaks regularly to rest the eyes is the top preferred workplace wellness initiative. From those surveyed in the 2023 workplace wellness survey, 56% of respondents prefer their employers encourage them to take eye breaks instead of financial assistance for fitness (39%), financial assistance for therapy sessions or mental health activities (34%), catered lunches with healthy food options (33%), meditation breaks (32%) and standing desks (23%).
By JONATHAN ORMSBYThis can be as simple as encouraging the 20-20-20 rule, which is taking a 20 second break every 20 minutes to look at something 20 feet away. (American Optometric Association, https://www.aoa.org/healthy-eyes/ eye-and-vision-conditions/computer-visionsyndrome?sso=y).
Not only can employers focus on promoting eye breaks in their organizations, but offering premium vision benefits to their employees is another way to positively impact employee health. The eyes can potentially offer a view into a person’s whole-body health—which can also encourage employees to get their eyes examined, as 95% of them say they are likely to schedule a comprehensive eye exam in the next year if they knew overall health conditions like diabetes, heart disease or brain tumors could be diagnosed with an eye exam.1
When using their vision benefits, 60% of employees report concerns about their eye health as a motivator to visit an eyecare provider, while 58% report prescription updates as a motivator and 43% say upgrading their lenses and frames motivates them.1
Employees are also attending to the health of their children’s eyes—with whole body health maintenance as a driving factor. The survey found 62% of employees with children are very likely to take them to get a comprehensive eye exam within the next 12 months. The top reasons that influence employee desire to seek care from an eyecare provider for their children include:
63% say the early diagnosis of eye disease or health conditions
58% say dry, irritated eyes
55% say light sensitivity
54% say eyestrain from digital device usage
on the Rise
Aligning with employees’ increased focus on holistic health and likelihood to attend their annual comprehensive eye exams, among those employees who wear eyeglasses and have vision benefits, nearly all (95%) are willing to pay above what their insurance covers for premium lens benefits, including scratchresistant lenses, anti-reflective or no glare coatings, photochromic lenses, UV blocking, and premium lens design including a sharper, wider field of view.1
Nearly half (46%) of employees are willing to pay above what their insurance covers for photochromic lenses, particularly Transitions® lenses.1 Additionally, 73% of employees say
they are much or somewhat more likely to enroll in a vision plan that offers Transitions lenses when they are armed with the knowledge of their protective benefits.
Among all those employees who wear eyeglasses and have vision benefits, 60% say it is extremely important to have authentic Transitions lenses covered by their company’s vision plan versus other photochromic lens brands.
With seven out of 10 employees indicating that protecting their eye health is more important today than it was before the global pandemic— employers who offer premium vision benefits that cover both annual eye exams and eyewear options that employees both want and need can help catch the eye of employees.
With technology taking up a large space in our professional lives, eye care should be a fundamental benefit for every employee.
Employees continue to seek care for their holistic health, and their children’s holistic health, and this includes their vision.
· The increase in employee likeliness to receive a comprehensive eye exam and their interest in seeking care for light sensitivity emphasizes the need for employers to offer premium vision benefits with premium lens options.
The Transitions Workplace Wellness Survey shows that employees are willing to invest in premium lens options, like Transitions lenses, which offer always-on protection.
Vision care can be key in helping employees achieve holistic health and improve their productivity.
# # #
1 Transitions, 2023 Workplace Wellness Survey, Wakefield Research.
2 Transitions lenses block 100% UV & filter at least 26% of blue-violet light indoors & at least 86% outdoors. Tests performed on grey lenses with premium anti reflective coating. Blue violet light is between 400 and 455nm (ISO TR 20772:2018).
3 Transitions Optical, Global Consumer Sentiment and Behavior, Multi-country survey, Q4 2020, People Research
Jonathan Ormsby Senior Manager, U.S. Managed Care, Transitions Optical jormsby@transitions.com
am to 4:30 pm
Presented by: THE WEST TENNESSEE SOCIETY FOR HUMAN RESOURCE MANAGEMENT
In coordination with : THE LAW FIRM OF RAINEY, KIZER, REVIERE & BELL, P.L.C.
Join us for an informative day where we will explore timely and important HR topics, including: enterta
Follow the Script: Personnel Files and HR Documentation – Legal guidance on what should and shouldn’t be in personnel files and best practices for documenting employee issues and situations.
Premiering: AI in the Workplace – Explore key legal challenges employers may encounter when deploying Artificial Intelligence (AI) in the workplace and the proactive steps employers should consider when implementing or utilizing AI.
Roll Camera for a Legal Update – Learn about significant developments in employment law since our update last year, including the latest on NLRA’s position on non-compete agreements, the FLSA’s salary Pregnant Workers Fairness Act and the PUMP Act, and more.
Generational Remix and Remake – Managing a multi-generational workforce can present unique challenges and opportunities. Learn about the five generations in today’s workplaces and the impact of each generation’s expectations and contributions. Focus on generational differences in communication and learning styles, work experience, expectations, and group dynamics.
Winning Case Studies – An interactive discussion of recent employment law cases and the application of relevant concepts and HR strategies.
Lunch is provided. Explore our showcase of HR-related exhibitors. Great door prizes.
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The registration deadline is Thursday, October 25 Register early as seating is limited. You may pay by check or credit card. This program has been approved for 6 recertification credit hours through HRCI and SHRM.
How does one identify an essential function? Job Analysis should focus on the purpose of the job and the importance of actual job functions in achieving its purpose.
Martha was settling into her new role as the HR Director for a consumer goods company operating in the Midwest. Her company was then acquired by a large conglomerate, and she was assigned to the HR department of the new company. Her new boss Cathy, the CHRO for the organization, called Martha into her office and tasked with her new assignment – lead an effort to bring up to date all the job descriptions for the Company. Cathy had a recent meeting with her Corporate Counsel who was complaining about the poor quality of the current documents from the acquired company and were at risk for ADA claims. Writing job descriptions is the one task most hated by HR Professionals and managers alike, and Martha wondered if this was a good time to go to graduate school. She thought a good way to begin was to have a training class on job description basics with all the department heads and work with them on a one-on-one basis to update their documents. Pushing aside the notion of graduate school, Martha went to work.
First, she will cover the basics such as writing the General Summary, Job Specifications and Minimum Qualifications. Since the General Counsel specifically mentioned Essential Job Functions as his number one concern, she will put a major emphasis on that topic in the training.
The General Counsel sent this guidance to Martha for her manager training:
“Essential Functions are defined by the ADA as the basic job duties that an employee working in a job must be able to perform, with or without reasonable accommodation. Duties that not every employee must perform are referred to as marginal functions. It is a violation of the ADA if you eliminate a qualified person based on that person’s inability to perform a marginal (not an essential) job duty.
“Factors that the Equal Employment Opportunity Commission (EEOC) says that an employer must consider whether a function is essential are: (http://www.eeoc.gov/facts/ ada17.html):
1. Whether the reason the position exists is to perform that function,
2. The number of other employees available to perform the function or among whom the performance of the function can be distributed, and,
3. The degree of expertise or skill required to perform the function.”1
Job duties that have been identified as being essential functions of a job generally do not change in status over time. Determining whether a job duty is a marginal or essential function can change over time based on the current needs of an organization. This could flip the status from marginal to essential at the time of hiring and subject the firm to risk.
How does one identify an essential function?
Job Analysis should focus on the purpose of the job and the importance of actual job functions in achieving its purpose. This may include the frequency with which a function is performed, the amount of time spent doing the function, and the consequence if the function is not performed. Even if the function takes a small amount of time to perform, the consequences of not performing the task can be disastrous (landing an airplane for example – a duty that doesn’t take a large amount of time during the total flight time but is a very important part of the job and needs to be done properly).
Martha identified factors that could help managers determine whether a job duty is essential:
1. Is it currently being done by all incumbents in this position?
2. If this task is not done would the job change?
3. Can only this person do this task?
4. Are special skills, abilities, training, licenses, or experience necessary to do this task?
5. Does the employer recognize or list this task in writing as an essential job function?
If the answer to one or more of these questions is yes, then this task is probably an essential job function and needs to be documented in the job description.
She outlined some basic tips when writing essential functions:
· Use short, abbreviated sentences.
· Start with present tense action verbs.
· Use clear concise language. Don’t use unnecessary articles such as “A,” “an,” “the.”
Here is a sentence using lots of articles: ‘The job incumbent transports the mail to locations throughout the departments and the local off-site facility.’ Cleaning up the articles: ‘Transports mail to locations throughout departments and local off-site facility.’
· Use the ‘What-How-Why’ format for writing essential job functions: What the job does –How do you do it – Why do you do it or the expected outcome.
“Prepares job descriptions (the What) by interviewing incumbents currently in the position (the How) to determine the appropriate pay grade (the Why).”
Leafing through the current job descriptions, many of them look like ‘to do’ lists with some listing 20+ tasks that an incumbent is responsible for with the last one always ending with: “And other duties as assigned.” The manager thinks this should cover anything he/she forgot to list (Hint: use a general disclaimer instead of the phrase “Other duties…”).
Here’s an example of ‘essential functions’ from a current job description for an Executive Assistant:
· “ Be sure that the tape recorder has fresh batteries.”
· “ Run the ‘Staffing Changes Report’ and provide a copy to each meeting participant.”
· “ Take good notes during the meeting.”
Are these tasks unique for this position that the incumbent is the only person who can perform these tasks? Most people can install fresh batteries in a recorder – it’s not unique for this position. Here is a more accurate essential function using the above What/How/ Why format: “Record and transcribe minutes of the Monday Morning Executive meeting by preparing reports and devices used at the meeting ahead of time to ensure the meeting starts and ends on time and essential information is captured and recorded.”
There will be managers that will insist on adding tasks and responsibilities even though they are marginal or simple tasks. Add them to a separate section after the Essential Functions as: ‘Other Duties & Responsibilities.’
Essential job done! Martha received praise, and her boss was impressed by the quality and thoroughness of her program. On the way home she thought about the Graduate School she applied for; “What if I’m accepted,” she wondered, “should I go?”
EXECUTIVE COMPENSATION
STAFF COMPENSATION
PUBLIC SECTOR COMPENSATION
SALES COMPENSATION
COMPENSATION PLAN DESIGN
CUSTOM COMPENSATION SURVEYS
INCENTIVE PLAN DESIGN
PAY EQUITY ANALYSIS
JER HR Group’s compensation plans are powered by CompBldr, an integrated, comprehensive job description creator, market pricing and compensation analysis tool that helps you get your pay right. CompBldr is part of our Trainery™ HCM SaaS Solutions.
JobBldr is available as a standalone module to help companies easily create and manage job descriptions. Access 4,500+ customizable job descriptions, utilize side by side views to analyze comparable jobs, pay equity, and competencies. Confidently create and manage job descriptions in compliance with regulations and compensation analysis requirements.
Cliff Sandsmark Senior Consultant csandsmark@jerhrgroup.com Blair R. Johanson Managing Consultant blair@jerhrgroup.com Bruce E. Johanson Managing Consultant bruce@jerhrgroup.com
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By 2001, HRCI was also committed to relying on technology to advance the role of HR professionals. The website located at hrci.org was launched. That same year, HRCI was awarded the National Commission for Certifying Agencies (NCCA) Accreditation for PHR and SPHR. In 2004, we debuted computer-based testing (CBT), and the GPHR exam was introduced. In 2008, HRCI earned accreditation from the NCCA for GPHR and PHRca.
The new millennium unveiled numerous exciting opportunities for HRCI, which saw the PHR (Professional in Human Resources) certification grow to be the HR industry standard. The compensation research firm, PayScale, conducted a national study validating that HR professionals with HRCI certifications earned more. And in 2014, HRCI became a separate entity.
Back row: China Gorman, aPHR; Dr. Janet Walsh, GPHR; Nancy Hill-Davis, SPHR; Gardiner Hempel, Jr., GPHR
Front row: Kathy Claytor, SPHR, GPHR; Kenneth Lee; Dr. Amy S. Dufrane, SPHR,CEO; Andre T. Allen, GPHR
Not in photo: Janet Hanofee, SPHR; and Franz Gilbert, GPHR
Sitting down to write this month’s article, I couldn’t help googling other organizations celebrating their first 50 years. It was exciting to learn that HRCI is in good company: sharing our golden jubilee with FedEx, ICF, Special Olympics – and even Hip-Hop! HRCI has achieved a number of significant milestones in our support of the HR professional, and I’m proud to honor our growth. Here’s a quick “sizzle reel” of where we started – and some thoughts on where the next 50 years will take us.
In 1973, The American Society of Personnel Administration Accreditation Institute (AAI) – known as HRCI today – was founded. It was a pivotal time in U.S. history, with greater attention on the obligations of employers to support change driven by the Civil Rights Act of 1964 and the Equal Employment Opportunity Act of 1972. The term “personnel” started to fade, replaced by “human resources.” As HR professionals, we began to focus less on administrative responsibilities and more on compliance and social change.
In 1976, AAI administered the first HR exams. That was also the same year ASPA began awarding the PHR and SPHR certification designations. Fast-forward to 1990, and the organization officially changed its name to HRCI. It’s hard to gloss over how much changed in those years: compensation inequities widened; President Reagan terminated striking air traffic controllers; the labor force restructured as more women entered the workplace. The importance of HR escalated to new levels, necessitating more guidance from standards and certifications.
By 1996, the first HRCI-certified professional was elected to the U.S. Senate, representing the state of Wyoming. Michael Enzi, PHR, served on the Labor and Human Resources, Small Business and Entrepreneurship and the Banking, Housing and Urban Affairs committees. As a fun fact, he was also the first senator to question why he couldn’t bring his laptop onto the Senate floor for the sake of efficiency.
In less than a decade since that action, HRCI has launched aPHR, aPHRi, PHRi, SPHRi, published several books, created a robust catalog of HRCI learning and recertification products (which we add to every month), and produced our popular webinar series. In 2020, HRCI became the first to offer the online delivery of HR Certification Exams through OnVue (Pearson Vue’s online proctoring exam delivery system.) HRCI was repeatedly acknowledged as the de facto credentialing and learning organization for the human resources professional and the only one serving growing global requirements.
HRCI’s momentum has been nothing short of dazzling in the last two years. In May 2021, the American National Standards Institute (ANSI) appointed HRCI as the International Secretariat for the International Organization for Standardization (ISO) Technical Committee (TC) 260 on Human Resource Management. ISO TC 260 is responsible for the development of a series of standards for human resource management practices and processes. Honored to be selected for this important initiative, HRCI sees it as a natural expansion of our responsibilities to the HR community.
Equally powerful was the launch of our organizational-level certifications, which were built on ISO standards. The Human Resource Standard Institute (HRSI) enables business and HR leaders to ensure their HR practices align with global standards. HRSI’s initial certification focuses on diversity and inclusion, in line with ISO standard 30415:2021 HRM – D&I.
Like any entrepreneurial journey, the first 50 years of HRCI have been a wild ride. Similar to the role of the HR professionals that we serve, the highly individualized nature of the people business needs firm guidance with plenty of flexibility. HRCI has learned so much in our first 50 years, and we look forward to sharing our knowledge with our community for the next 50 and beyond. Stay tuned for the many enhancements HRCI will be implementing over the next 12 months that will impact HR professionals around the globe. As actor and rapper Ice-T said when commemorating the first 50 years of Hip-Hop: “Look to the future, support, effect change!” I couldn’t have said it better myself, other than to add that HRCI is always here for you.
Amy Schabacker Dufrane, Ed.D., SPHR, CAE, is CEO of HRCI® — HR Certification Institute, and is the founder and CEO of HRSI — HR Standards Institute, where she is responsible for driving and disrupting the conversations about building high-performing, strategic HR teams. An engaging thought leader at the intersection of talent strategy and continuous learning, Dr. Dufrane is an award-winning leader and celebrated keynote speaker on the human side of successful business strategy in the 21st century.
The three courses comprising our certificate were developed in accordance with the International Organization for Standardization’s guidance on diversity and inclusion for organizations (ISO 30415:2021).
• Fostering an Inclusive Culture
• Assessing Diversity and Inclusion
• Hiring and Retaining Diverse Talent
Earn 12 general HR credits towards any of HRCI’s eight credentials, including SPHR® and PHR® .
Conference Bags/ Yoga Health items
Below: State Council Mtg. 2023
Conference Bags/ Yoga Health items
Below: State Council Mtg. 2023
Conference Chair: Marie MacDonald
Conference Chair: Marie MacDonald
Conference Bags/ Yoga Health items / Conference Chair: Marie MacDonald
Below: State Council Mtg. 2023 Leadership
Thank you to all the great Sponsors and Exhibitors at NCSHRM and the attendees!
all the great Sponsors and NCSHRM and the attendees!
Gooch/April Simpkins
Upper Right: Bookstore
Middle: Full classes
Bottom: Brenda Robbins & Shirley Rijkse NCSHRM President
“The end until 2024”
Thank you to all the great Sponsors Exhibitors at NCSHRM and the attendees!
Upper Left: Katrina Gooch/April
Full Classes
Simpkins
Thank you to all the great Sponsors and Exhibitors at NCSHRM and the attendees!
Thank you to all the great Sponsors and Exhibitors at NCSHRM and the attendees!
Upper Right: Bookstore
Thank you to all the great Sponsors and Exhibitors at NCSHRM and the attendees!
Middle: Full classes
Bottom: Brenda Robbins & Shirley Rijkse
NCSHRM President
“The end until 2024”
Upper Left: Katrina Gooch/April
Upper Left: Gooch/April
Simpkins
Upper Left: Katrina Gooch/April
Upper Right: Bookstore
Upper Right: Bookstore
Simpkins
Middle: Full classes
Middle: Full
Upper Right: Bookstore
Middle: Full classes
Bottom: Brenda Robbins & Shirley Rijkse
NCSHRM President
Bottom: Brenda Robbins & Shirley Rijkse NCSHRM
Bottom: Brenda Robbins & Shirley Rijkse
“The end until 2024”
“The end until
NCSHRM President
“The end until 2024”
Thank you to all the great Sponsors and Exhibitors at NCSHRM and the attendees!
Brenda Robbins & Shirley Rijkse NCSHRM President “The end until 2024”
Y o u a r e i n v i t e d !
J o i n u s f o r g r e a t s p e a k e r s , t e r r i f i c
n e t w o r k i n g , a n d f u n !
M i c h a e l B u t l e r
J u l i e D e v e l i n
C h r i s t i e E n g l e r
M a l l o r y H e r r i n
D o r i c e H o r e n s t e i n
B e n M c C a l l
G e o r g e R o g e r s
$699 CONFERENCE REGISTRATION PRICE
F o u r P r e - C o n f e r e n c e W e b i n a r s
S e v e n O n - B o a r d S e s s i o n s
1 6 2 5 R e c e r t i f i c a t i o n C r e d i t s
SAILING
F i v e S t a t e r o o m O p t i o n s
T w o P o r t s o f C a l l
F a l m o u t h , J a m a i c a
L a b a d e e , H a i t i
STRATEGY.
Source: The Use of People Analytics in Human Resources, SHRM Research, 2023
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