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Exploring Overtime Expansion: Nonprofits

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This blog post has been updated to reflect the latest information regarding the Department of Labor’s new overtime rule.

This blog is the first in an ongoing series that answers questions most frequently asked during Paycom’s free webinar covering overtime expansion.

The Department of Labor’s new overtime rule is likely to extend overtime protections to millions of white-collar workers beginning Dec. 1, 2016. How will it affect nonprofits?

Ultimately, the new rule did not change how the Fair Labor Standards Act (FLSA) applies to nonprofits, outside of the salary threshold.

What the FLSA says about nonprofits

Currently, the provisions of the FLSA cover some nonprofit employees, but not others. Employees of nonprofits are covered by the FLSA, and are likely to be affected by the new rule if:

  • The organization makes an “annual gross volume of sales made or business done of at least $500,000.” Note that income from contributions and donations, when used to further charitable activities, do not count toward that number.
  • The employee is “individually engaged in interstate commerce or the production of goods for interstate commerce,” which include tasks like making/receiving interstate telephone calls, shipping materials to another state and transporting persons or property across state lines.

Why your employees’ duties matter

If your organization has “an annual gross volume of sales made or business done of at least $500,000,” the law considers your nonprofit a “covered enterprise.” But that doesn’t necessarily mean that all of your employees are covered under the FLSA. Enterprise coverage applies only to duties employees perform for “a business purpose.”

For example, a nonprofit animal protection organization, with an annual gross volume of sales made or business done of at least $500,000, rescues abandoned pets and provides them shelter and veterinary care for free. The same organization sells pet products through an online store. The FLSA and the proposed rule would cover duties that supported the online store, not those duties related to the rescue and care of abandoned pets.

What about volunteers?

Typically, volunteers are not covered by the FLSA, and as a result, would not be subject to the proposed rule. But of course, the FLSA has specific guidance on the type of work bona fide volunteers can – and cannot – perform.

Generally, if a worker has “volunteered” to work in a commercial activity, or perform work that would otherwise be performed by regular employees, the law does not consider him or her as a volunteer, so the proposed rule would apply. If a paid employee volunteers to provide the same type of services to their nonprofit they’re employed to provide, that work must be included in the employees’ hours worked calculations.

What proposed overtime expansion looks like for nonprofits

If your organization is considered a covered enterprise, any employee who engages in “commercial activities for a business purpose” and makes less than $913 per week ($47,476 per year), would be eligible to receive overtime under the new rule.

Overtime expansion could represent substantial costs for your nonprofit. You might consider evaluating your workforce now to identify which employees are close to the new threshold and how many overtime hours those employees currently work.

A robust human capital technology management system makes it easy to gather such information, implement changes and protect your budget from increased labor costs and regulatory changes. This leaves you the time, energy and resources you need to achieve your organization’s true mission, regardless of the labor law climate.

For additional information on overtime expansion and how it may impact your organization, stay tuned to the Paycom Blog. For additional resources, check out the Paycom Overtime Expansion Calculator or attend our free webinar.

The content of this blog is intended to keep interested parties informed of legal and industry developments for educational purposes only.  It is not intended as legal opinion or tax advice and should not be regarded as a substitute for legal or tax advice.

Sources:

U.S. Department of Labor, Wage and Hour Division: Proposed Rule and Request for Comments: Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees

U.S. Department of Labor, Wage and Hour Division: Fact Sheet #14A: Non-Profit Organizations and the Fair Labor Standards Act (FLSA)

U.S. Department of Labor, Wage and Hour Division, Opinion Letters – FLSA: FLSA2005-33


Amy Double

by Amy Double


Author Bio: Amy, a tenured professional in sales and marketing with over 10 years of experience, is dedicated to creating content focused on helping organizations achieve their business goals. As an experienced writer, Amy is committed to researching and blogging about topics that affect businesses across multiple industries, including manufacturing, hospitality and more. Outside of work, Amy enjoys reading, entertaining and spending time with family.

Why HR and PR Need to be Friends

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Why HR and PR Need to be Friends

Today’s tech has created an environment with 24/7 access and instant communication. Anyone, anywhere, at any time can share live company updates, photos and videos to countless followers, media outlets, investors and competitors.

This live and on-demand style of communication directly impacts your HR department, since employee actions and consumer satisfaction can be shared in seconds. Your employees, who directly engage with the brand, instantly can become either a champion or a liability.

Trending for the wrong reasons

Consider the recent heightened awareness around the airline industry’s customer service. With the average flight carrying an estimated 230 passengers, a flight crew may have a few hundred citizen journalists on any given flight. The environment has evolved into a “neighborhood watch” under which every employee action is open for documentation, praise or scrutiny.

Overnight, one of your employees – if not your entire company – can make headlines. Another example is last year’s viral video of an upset Michael’s customer claiming mistreatment at the register. The smartphone footage of the store manager remaining calm and composed through the customer’s anger quickly gained national media attention. The store employee received a wave of positive public support and the attention prompted Michael’s corporate office to release an official company statement on the incident.

Benefits of linking HR and PR

In some cases, like a recent incident with a national airline, once HR relates sensitive information to the PR team, it’s often too late to circumvent less-than-desirable online and media attention. Establishing early lines of communication between the two departments is an advantage not only to the general health of a business, but also to a company’s crisis plan.

Media attention is often generated by unexpected circumstances such as:

  • local and national awards and accolades
  • campus emergency
  • fatality or injury
  • consumers organically praising the brand a.k.a. employer brand lift
  • illegal employee activity
  • successful marketing campaigns going viral
  • destruction from natural disaster, power outage

With the speed and convenience of today’s communication, every interaction with a company can be immediately shared. Because of this, HR and PR should be closely intertwined within the fabric of a company. Individuals often are raised to learn that integrity is what you do when no one is watching. Now, everyone is always watching.

 Empowered employees are the best ambassadors

How can companies better prepare employees to understand the vulnerabilities of this emerging climate? By strengthening the relationship between your HR and PR departments and empowering your employees with the right training, which proactively educates your workforce on potential pitfalls of mobile technology. Your employees, properly trained on the dos and don’ts of online conversations, are now ambassadors instead of liabilities.

In the not-too-distant past, CHROs had little visibility into the market insights of the CCO and CMO. But now, with the growth of social media, today’s savvy executives recognize that their PR and marketing counterparts have a front-row seat to product feedback and how employees are performing in real time.

In order to avoid being tomorrow’s headline fodder, ensure that your HR and PR departments are developing social media and public relations training for your employees. Everyone, from the receptionist to the CIO, needs to be aware that their actions could be displayed to a public audience and even go viral.

We will discuss how HR and PR can join forces to communicate an organization’s value, culture and personality, which plays a key part in company branding and policy in part two of this blog, titled What Happens When HR and PR are BFFs.

Be sure to check out the latest episode of our HR Break Room podcast “Fight or Flight: What HR Can Learn from the United PR Disaster” to learn more about how HR can help prevent negative incidents by working closely with their PR and legal teams, and how to create policies that empower employees to mitigate tricky situations.

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Posted in Blog, Employment Law, Featured, Talent Management


Author Bio: A writer, speaker and business leader, Jason has been the communications pulse for a number of organizations, including Paycom where he is the director of public relations and corporate communications. A featured writer on human capital management technology, leadership and the Affordable Care Act, Jason launched Paycom’s blog, webinar platform and social media channels, helping empower organizations around the nation. Jason is attuned to the needs of businesses and helped develop a tool to aid organizations in their pursuit to comply with the ACA; one of the largest changes in healthcare the country has seen. While working in athletics for ESPN and FoxSports, Jason learned the importance of hard work and branding. In his free time he enjoys adventuring with his family, reading and exploring new areas to strengthen his business acumen.

reverification

Best Practices for Utilizing Section 3 of the Form I-9

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Best Practices for Utilizing Section 3 of the Form I-9

Employers are used to filling out Section 1 and Section 2 of Form I-9 because it’s required for every employee. However, Section 3 – otherwise known as the reverification process– can be a bit mystifying.

Who should be reverified?

Employees with expiring employment authorization or documentation should be reverified to ensure continued authorization to work in the United States. The need for reverification is determined by looking at the List A and List C documents that were presented when the I-9 was initially completed. The work authorization expiration date entered by the employee in Section 1, if any, also should be taken into consideration.

When should the reverification process be completed?

The reverification process should be completed prior to the expiration date of the employee’s authorization or documentation. The expiration date is found in two places: the date provided by the employee in Section 1, and the date recorded under List A or List C in Section 2. If these dates conflict, employers should use the earlier date to determine when reverification is necessary.

The United States Citizenship and Immigration Services (USCIS) recommends reminding employees that their documentation will expire at least 90 days ahead of the expiration date. This gives them time to present a List A or List C document or receipt showing continued work authorization. Paycom’s Document and Task Management system helps to ease the burden on employers by providing reminders 90 days prior to an employee’s reverification date.

When should the reverification process NOT be used?

Knowing when you cannot reverify an employee is important, too. U.S. citizens and noncitizen nationals should not be reverified. Additionally, lawful permanent residents should not be reverified if they provide a Form I-551, Permanent Resident or Alien Registration Receipt card for Section 2. An employee’s citizenship status is found in Section 1, as well as at the top of Section 2. Also, List B documents – even if they expire – should not be reverified.

How do you complete Section 3?

To complete Section 3, simply examine the unexpired documents presented by your employee to determine if they appear to be authentic and relate to your employee. Then, record the document title, document number and expiration date, if there is one. Lastly, sign and date this section. You must use Section 3 from the most recent Form I-9, even if the employee’s original form is an older version.  Likewise, if you previously have completed Section 3 for the employee, you should use Section 3 on a new version of the form and attach it to the employee’s original I-9.

 Other instances in which you can use Section 3

Employers also may complete Section 3 when an employee is rehired within three years of the date that the Form I-9 was originally completed. To complete Section 3 for rehires:

  • Confirm that the original I-9 relates to the employee.
  • Determine if the employee is still authorized to work or if reverification is required by reviewing Section.
  • Enter the date of rehire in Section 3 if the employee’s work authorization is still valid.
  • If expired, request the employee’s valid List A or List C document and complete a Section 3 reverification.
  • Sign and date Section 3.

 

Name Changes

You also can use Section 3 to record when your employee has a legal name change. You are not required to update Form I-9 for name changes. However, the USCIS recommends maintaining correct information on an employee’s Form I-9. Similarly, you are not required to request documentation of a name change from an employee, but it is recommended in order to be reasonably assured of your employee’s identity if the government ever asks to audit the Form I-9.

Paycom’s Document and Task Management solution automates employment verification from within the Paycom system to help ensure compliance and reduce your exposure to audits and penalties from Form I-9 violations. Employees and employers can complete the Form I-9 online, including Section 3, utilize electronic signature verification, and securely store completed Form I-9s and supporting documentation within the Paycom system.

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Posted in Blog, Compliance, Document Management, Featured

Alyssa Looney

by Alyssa Looney


Author Bio: As a compliance attorney for Paycom, Alyssa Looney monitors laws, rules and regulations to ensure that the Paycom software is up to date, specifically regarding immigration law and state law developments in the Western United States. She holds a JD and an MBA from Pennsylvania State University, as well as a bachelor’s degree from Texas A&M University. Outside of work, Alyssa enjoys cooking, being active, playing with her puppy and exploring Oklahoma City.

May the 4th

Disturbance in Your Workforce? May the 4th Be With You

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A short time ago in an employee suggestion box not far, far away, this note from a disengaged employee was discovered.

Dear Management,

Being a real trooper, I’ve faithfully served this empire for many parsecs. But lately, morale here is in the trash compactor. I’m close to “storming” out of here! Here’s why:

  • We don’t feel valued. It’s challenging to work for someone who acts like a dictator. (The black cape? A bit much.)
  • We want a comfortable working environment. These uniforms don’t exactly help. (I have to plan bathroom breaks 30 minutes in advance.)
  • We want to contribute, but we’re afraid the boss will choke us from across the room if he doesn’t like what we say. A little two-way constructive feedback could make a death star-sized difference. 
  • I find our lack of training disturbing. With the literal universe at our fingertips, why do we not have an online learning management system?

A disengaged staff is a real phantom menace. Don’t let this happen; awaken your workforce today with our “What Employees Want” toolkit to help you keep the force in your workforce as strong as possible.

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Posted in Blog, Employee Engagement, Featured, HR Management, Learning Management, What Employees Want

Rod Lott

by Rod Lott


Author Bio: As Paycom’s Creative Services Manager, Rod Lott brings more than two decades of experience in marketing, advertising, branding and journalism. A published author and a graduate of the University of Oklahoma, he has worked with such brands as Blue Cross Blue Shield, Sonic Drive-In and OU.

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