Understanding HR, Payroll, and Labor Regulations

THRIVING TOGETHER: HR AND PAYROLL Presented by Kristi Yowell & Jessie Boog 4/6/17

QUIZ

What is the federal minimum wage? $7.25/hr

Does your state/district have a different minimum wage? Maryland = $8.75/hr Montgomery & PG Co.: $10.75/hr Virginia = $7.25/hr Pennsylvania = $7.25/hr District of Columbia = $11.50/hr https://www.dol.gov/whd/minwage/america.htm#Maryland

What would you do? Ava, an hourly paid employee, calls you and says, I worked extra hours last pay period that I didn t submit because my contract is maxed. So, well, you know. I m just hoping it gets renewed. What do you do?

Would this position be exempt or non-exempt? Duty Assist with day-to-day management of Accounts Payable office staff. Develops, implements and maintains systems, procedures and policies. Review and prepare reports to ensure accuracy. Process invoices and issue payments. Percentage 20% 4 10% 2 10% 3 60% 1 Non-exempt

What is the new FLSA exempt minimum salary under the on-hold new regulations? $47,476

Employee or an Independent Contractor? Ted works 25 hours per week at ABC Company as a driver. He uses his own truck, and is reimbursed for fuel costs. Ted is paid an hourly wage and is reimbursed for the cost of his lunch while on the road. Ted is eligible for coverage under the company s health insurance plan and receives one week of paid vacation annually. The company tells Ted where and when the deliveries need to be made, and his schedule revolves around that information. Michelle works as an accountant for XYZ Company on an as-needed basis. When the company calls her, she determines which days she works, where she works, and she uses her own equipment. She invoices the company when she is finished and she determines how and when she is paid. Occasionally, Michelle also concurrently works with other companies.

What would you do? Jennifer lives in Odenton, MD and has a typical one-way commute of 15 miles. Jennifer s usually reporting location is in Columbia, MD with a start time of 8:00 am. Today, she was required to attend a 8:00 am meeting in Pasadena, MD. This location is 13 miles away from her home and 25 miles away from her usual reporting location. After the meeting, she drove 25 mi, returning to her home office in Columbia, MD to complete the remainder of her day. She left the office at 5:00 pm. What hours should be compensated?

What would you do? Khloe s Kitchen is an area business that is required to comply with the Family and Medical Leave Act (FMLA). Khloe s Kitchen has a bonus program, offering employees a monetary bonus for perfect attendance. One of its employees, Carla, was eligible to receive the bonus prior to going out on FMLA leave. Carla hadn t missed any time prior to FMLA. Should she receive the bonus? Eligible Khloe s Kitchen also offers bonuses to its sales staff based on the volume and total revenue from sales. Derek took approved FMLA leave and didn t meet the sales target to qualify for a bonus. Should he receive the bonus? Not Eligible

What would you do? A storm is making it s way up the coast and there are severe weather reports including high winds, blowing debris, and flooding. Your company decides to close its operations from the day, providing paid Administrative Leave to its employees. Terrence had previously requested and was approved to be off on vacation that day. How do you pay Terrence? Does he have to use vacation leave?

What would you do? Three finalists are called in for final interviews. The hiring manager would like to get a jumpstart on the paperwork and asks all three to complete Section I of the I-9 form. Is this a problem? You ve hired a Payroll Clerk who is going to work two days to help get you through a busy processing period. Section I was completed on the first day of work. When does Section II need to be completed? One of your earlier finalists has been offered the job. He completes Section I on the first day of work, but forgot to bring acceptable documentation with him to complete Section II. He comes in on the third day of work and presents a driver s license but no other documentation. After reviewing the acceptable documentation list, he says that he thinks his parents still have his original birth certificate, but it s going to a take a few days for him to get it and bring it in. What do you do? You hire an IT professional working remotely in London. The expectation is that this employee will never work at any of your US locations. What do you do about the I-9?

How long do employment tax records need to be retained? 4 years

How would you handle the leave payout and debts to the company? The HR department (a state agency) has just informed you that Callie Jones has been terminated effective today. You ve calculated that she has 12 vacation days, 22 sick days, 2 personal days, and 1 floating holiday in her bank. She also has 52.1 hours of comp time in her bank. In addition, Callie s supervisor has informed you that she failed to turn in institutional property totaling $432.

What would you do? An Administrative Assistant is expected to and regularly checks emails and responds to them in the evenings, after the end of his shift. These hours aren t reported on his timesheet. What do you do?

Garnishments Tyler earns $10.00 per hour Weekly gross earnings = $400.00 (40 hrs. x $10.00) Subtract deductions (disposable earnings) = $272.00 Garnishment notices: $50.00 per week for child support $8.00 per week for a credit card bill Legally required to be left with = 30 x $7.25 = $217.50 $272.00 - $217.50 = $54.50 Amount that can be garnished: $54.50 each week What amount can Tyler be garnished? Who gets what amount?

What would you do? An exempt Finance Manager violated a company policy. The VP of Finance disciplined the manager and suspended her for 2 days without pay. The VP contacted you to update the timesheet to reflect this. What should you do?

DESIGN, IMPLEMENT & MANAGE EFFECTIVE SYSTEMS

Synchronization of HRIS & Payroll Systems Tracking & Planning FMLA, PTO/Leave policies and management systems Approval & verification processes Communication across the board viewing HR as a support system

NEW ADMINISTRATION: TOPICS TO WATCH FLSA, ACA/AHCA, LGBTQ

QUESTIONS