Track: HR/Workforce - Proactively Manage Your Workforce - or Face the Consequences if you Don't

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Proactively Manage Your Workforce – Or Face the Consequences if you Don’t Sponsored by:


Proactively Manage Your Workforce – Or Face the Consequences if you Don’t

Jeremy Hawpe Shareholder Littler

Jayne Keller Vice President, Senior Living Capella Living Solutions


#MeToo: Laws and Impact in the Workplace


Workplace Harassment and #MeToo • Federal and state legislation aimed at reducing harassment and encouraging reporting • New training requirements in multiple states

• EEOC: One-third of all lawsuits in FY2018 were harassment − 50% increase in harassment lawsuits over previous year

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Me Too – An Operations Perspective

• Routine training of anti-discrimination and harassment • Culture of trust • • • • •

Transparency Response to all concerns Honor diversity and cultural differences Anonymous hotline Be known and know others


State Laws Limiting Non-Disclosure/Confidentiality Related to Sexual Harassment and/or Assault - Enacted - Pending

ND

MT

WA

MN SD

OR

ID

VT

MI

WY PA IL

NV UT CO

MD

IN

KS

AZ

MO

WV

AR NM TX

DE

VA NC

AL MS

NJ

Washington, D.C.

TN

OK

RI

OH

KY AK

NH MA CT

NY

IA

NE CA

ME WI

SC GA

LA

FL

HI

PR

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Sexual Harassment Laws Training Requirements

ND

MT

WA

MN WI

ME

SD

OR ID

MI

WY IA PA

CA

IL UT

CO

OK NM

TX

Hawaii

*

MD NJ

KS

WV

KY

DE

RI New York City

VA Washington, D.C.

TN NC

AR MS

Alaska

OH

IN

MO

AZ

NH MA CT

NY

NE NV

VT

AL

SC

GA

LA

FL

Puerto Rico

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Effective Investigations in the Post-#MeToo Climate

• Help with mitigation with government agencies • Reduce civil litigation/damages • Help keep complaints internal • Are an invaluable tool in today’s #MeToo environment • Help to create a culture where employees feel comfortable bringing complaints or making reports

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Overtime


Remember the 2016 Final Rule?

• Increased minimum salary for “white collar” exemptions to nearly $48,000 • Did not include a California-like duties test • Allowed employers to use bonuses and commissions, paid quarterly or less frequently, to count towards 10% of the minimum salary level • Provided for automatic increases to that salary level every three years 10


The Overtime Litigation?

• •

• •

What’s in? A new, more moderate salary level 10% of bonuses and commissions paid annually or less frequently count towards minimum salary New procedure for salary level updates New, higher threshold for the “highly compensated” exemption

What’s not in? • No regionalization of salary levels • No changes to the duties tests • No automatic indexing

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Minimum Salary Level

Weekly Current

Annual Current

$455

2016 Final Rule

2019 Proposal

$913

$679

2016 Final Rule

2019 Proposal

$23,660

$47,476

$35,308

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Bonuses, Incentive Payments, Commissions

Up to 10% of the minimum salary level may be satisfied with non-discretionary bonuses, commissions and other incentive pay that are paid annually or more frequently

Find the real minimum salary level using the 10% rule: $679 – 10% = $611.10 weekly salary $35,308 x 10% = $3,530.90 annual bonus

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Preparing for Change

Salary • Pull salary and incentive pay data for exempt employees earning below $40,000 • Calculate the cost of increasing annually salary to $35,308 • Calculate the cost of reclassification to non-exempt and paying overtime • Consider a cost-neutral solution

Job Duties • Do all your exempt employees meet the duties tests for exemption? • Rare opportunity to correct classification issues • Reduced risk of triggering litigation • Reclassification based on job duties should fly under the radar 14


DOL Best Practices – A Proactive Operations Approach

• Overtime management • Routine wage scale reviews and fairness • www.payscale.com

• Clear Path letters • Scheduling technology through timekeeping system • Alternative work schedules • Morale: perception of demotion when moving from exempt to nonexempt.


Paid Sick Time


Mandatory Paid Sick Leave Requirements

Seattle, WA SeaTac, WA Tacoma, WA

Duluth, MN Minneapolis, MN St. Paul, MN Chicago, IL Cook County, IL

WA

States with Mandatory Paid Sick Leave Requirements

ID

CA

ME

WI MI

WY IN

MD

MO

KS

NM

AR

Berkeley, CA Emeryville, CA Long Beach, CA Los Angeles, CA Oakland, CA San Diego, CA San Francisco, CA Santa Monica, CA

LA

MS

VA NC SC

AL

GA

FL

Austin, TX* San Antonio, TX

NJ DE

WV

TN

OK

TX

Cities with Mandatory Paid Sick Leave Requirements

RI

OH

KY

AZ

CT

PA

IL CO

NH MA

NY

IA

NV UT

VT

New York, NY

NE

Counties with Mandatory Paid Sick Leave Requirements

Federal Contactors with Paid Sick Leave Requirements

MN SD

OR

Philadelphia, PA Pittsburgh, PA*

ND

MT

DC Montgomery County, MD

Bloomfield, NJ* East Orange, NJ* Elizabeth, NJ* Irvington, NJ* Jersey City, NJ* Montclair, NJ* Morristown, NJ* Newark, NJ* New Brunswick, NJ* Passaic, NJ* Paterson, NJ* Plainfield, NJ* Trenton, NJ*

AL A SK A

HA W A I I

PUE RT O RI C O

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PTO and Sick Leave Policies

• Fairness in PTO management • PTO Sharing • Annual PTO cash-out • Critical needs fund • Crisis management • Debt reduction program • Scholarship program


Employee Engagement


Ideas for Building Employee Trust and Engagement

• Keepers Committee • PayActiv: www.payactiv.com • 98point6: www.98point6.com • Gifts and Growth • Social media for employees • Beekeeper www.beekeeper.io • Crew www.home.crewapp.com


Q&A


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