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How the Results of the Presidential Election Could Affect Overtime Expansion

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Updated November 23, 2016: Federal judge in overtime expansion hearing issues ruling; delays the compliance deadline for the rule. To learn more, click here.

With new leadership headed for the White House in 2017 and a pending court date set, you may be wondering what the future holds for the Fair Labor Standard Act’s overtime expansion rule.

Ultimately, no one can predict exactly what will happen; however, the general consensus is: Although the compliance deadline may be delayed, employers should continue to prepare as if the rule will go into effect on Dec. 1, 2016.

Recent efforts made to block overtime expansion

Two recent lawsuits have been filed by states and business groups in the U.S. District Court for the Eastern District of Texas.

On Sept. 20, 2016, 21 states filed a lawsuit in the District Court against the U.S. Department of Labor. On the same day, with the same court, over 50 business groups collectively filed a similar lawsuit.

On Oct. 12, 2016, the states filed an emergency motion for a preliminary injunction request. This motion essentially asks that overtime expansion not go into effect until case issues have been resolved.

A week later, on Oct. 19, 2016, the District Court Judge Amos Mazzant III – an Obama appointee – combined the lawsuits brought by the states and the business groups, who had asked the court for an expedited decision in their case. The court set a hearing for Nov. 16, 2016 to address the injunction request and decide whether the new rule will go into effect on Dec. 1, as planned. After the hearing, Judge Mazzant did not make a decision, saying instead that he will consider each side’s arguments and issue a ruling Tuesday, Nov. 22.

How the presidential election could impact those efforts

Taking all factors into consideration, including the likelihood that a Republican Congress and administration will likely attempt to overturn or reshape the rule, it’s possible the court could grant the injunction, which may delay the compliance deadline.

However, this potential delay does not necessarily mean the rule and its implications for employers would be undone. According to the Society for Human Resource Management, on Aug. 12, 2016, President-elect Donald Trump said that he favors a small-business exemption, meaning that employers could have to comply with a modified form of the rule.

Need a refresher on the Department of Labor’s Overtime Expansion Rule?

It’s also important to note that while the Obama Administration has promised to veto any efforts to repeal the rule, it’s likely that after January 20, 2017, the Republican controlled Congress would work with the Trump Administration to draft an agreeable modification of the rule. It’s also possible that the rule could remain intact if FLSA Overtime Expansion reform is not prioritized under new Washington leadership.

Again, while no one can predict what will happen, the common agreement is although it’s possible the compliance deadline will be delayed, employers should remain on course to achieve compliance with the rule by Dec. 1, 2016.

 

DISCLAIMER: The information provided in this blog is for general informational purposes only. Accordingly, Paycom and the writer of the above content do not warrant the completeness or accuracy of the above information. It does not constitute the provision of legal advice, tax advice, accounting services, or professional consulting. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal or other professional services.


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.

Eight Key Areas for Visionary Goal-Setting

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How are your New Year’s resolutions going? If you’re like most people, you’ve created some great goals for 2018, but you may need a little extra motivation to keep them up.

Entrepreneur, life coach and The School of Greatness podcast host Lewis Howes is dedicated to helping others live their best lives, and he has some great words of wisdom to keep you motivated to make the changes you’d like to see this year. (He’s also co-hosting a live Paycom webinar on Jan. 30!)

In a recent School of Greatness episode (no. 584, “Great Years Don’t Happen All on Their Own”), Howes outlined eight places where growth and visionary goal setting can really make a difference. Think about these eight areas in your own life: Where would you like to see yourself next year when it comes to these areas? What do you need to do, right now, to get there?

1. Physical and Emotional Health

Howes mentions doing something uncomfortable every day, either for your mental or physical well-being, so that you can enjoy long-term health in both areas. It’s common to make a New Year’s resolution about physical health – whether that’s losing weight, working out more or getting more sleep  – but what kind of progress could you make with your emotional health if you used the same incremental dedication?

Similarly, how does your organization help your employees pursue physical and emotional health? It’s important to demonstrate to your employees that you value their wellness, whether through competitive health insurance options, health and wellness fairs, discounted gym memberships or even luncheons with speakers on relevant topics. Your employees’ health affects their work, so don’t you want that impact to be positive?

2. Relationships

What relationships do you value? Are you investing in them as much as you’d like? They relate directly to your emotional well-being! If you’d like to build more meaningful relationships, reflect on the ways you connect best with others and create more opportunities in your days to do just that. Consider implementing mentorship programs within your company that can help your employees develop the relationships they’ll need to succeed.

3. Finances

Speaking of investing, have you made plans to improve your financial health this year? There is no better time than today to start putting your money to work for your future goals. If you’ve already made headway here, the beginning of the year is a perfect time to step back, re-evaluate priorities and ensure you’re on the right track!

On a companywide level, investing in financial literacy for your workforce can help you improve retention, especially with millennial employees. This could include education on your company’s retirement plans, luncheons on financial topics like taxes or budgeting, or even offering financial counseling as part of your employer assistance program.

4. Clarity for your vision

Howes talks about two important parts of your vision: strategy and scheduling. The best-laid plans won’t do you any good if you don’t find time in your schedule to actually carry them out. If it’s important to you, get it on your calendar!

5. Growth mindset

I love this one! It’s important to be open to learning new things always. How else will you grow? Keep an open mind, be curious and make sure you’re learning things that move you toward your goal.

Ensure your organization offers opportunities for your employees to stretch themselves professionally. Training and development should be an ongoing, continual process. What tools are in place to ensure that your co-workers continue to grow?

6. Build your team

As motivational speaker Jim Rohn once said, “You are the average of the five people you spend the most time with.” Do your team members build you up? Do they help each other find success? Consider finding a mentor, if you don’t already have one. Where can you find coaching to help you improve in your job and your life? The people in your life matter because they influence who you are. Choose wisely.

7. Play and adventure

Working hard is great, but it’s important to take time to relax and do things that are fun and exciting! Not only will that help you come back to work refreshed and ready to keep succeeding, but it also will help you be a more well-rounded person by having things that are important to you outside of work.

8. Winning

At Paycom, “winning” is one of our core values. I love that for Howes, winning isn’t just about yourself – it’s about how you can help other people win, too: your company, your customers and your community. How can you work toward success in others? Answering that question could change your life.

To hear more from Lewis Howes on this topic, register to attend our free webinar on Jan. 30, The 8 Keys to Winning in Business and Life.

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Posted in Blog, Featured

Stacey Pezold

by Stacey Pezold


Author Bio:

Stacey Pezold serves as Paycom’s first Chief Learning Officer. Having joined the company in 2005, she worked her way up to such positions as Regional Manager, Director of Corporate Training, Executive Vice President of Operations and, most recently, Chief Operating Officer. A graduate of Oklahoma State University, she has more than 11 years of leadership and training experience.

What Substance Abuse in the Workplace Costs Employers

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Of the estimated 14.8 million Americans who use illegal drugs, 70% of them are employed, according to the U.S. Department of Labor. Therefore, odds are your company employs workers who fall into this group. The use of drugs or alcohol by employees inside or outside the office can be costly for a business, leading to:

  • increased turnover rate
  • workplace incidents
  • poor workplace morale

From a financial perspective, the National Institute on Drug Abuse found substance abusers cost employers twice as much in workers’ compensation and medical expenses. Additionally, substance abusers are five times more likely to file workers’ compensation claims.

Furthermore, employees with alcohol dependencies are nearly three times more likely to have injury-related absences, according to the National Council on Alcoholism and Drug Dependence. In 2015, that council reported that federal surveys indicate 24% of workers reported drinking on the job at least once in the past year.

Recognizing the signs

Knowing how to handle substance abuse in the workplace starts with recognizing the existence of a problem. Whether it is abuse of alcohol, prescription drugs or illegal substances, a number of visible signs can indicate an employee needs help:

  • change in appearance
  • frequent tardiness
  • decline in job performance
  • slurred speech and drowsiness
  • mood swings and irritability
  • scent of alcohol

None of these signs alone indicates a substance abuse issue, but intervening early with employees displaying a combination of these signs may be valuable to your business. Implementing a companywide policy, training managers to recognize signs of substance abuse, and setting expectations with employees through training can help safeguard your business and your workforce.

 Disclaimer: This blog includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal problems.

 

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Posted in Blog, Compliance, Featured

Jason Hines

by Jason Hines


Author Bio:

Jason Hines is a Paycom compliance attorney. With more than five years’ experience in the legal field, he monitors developments in human resource laws, rules and regulations to ensure any changes are promptly updated in Paycom’s system for our clients. Previously, he was an attorney at the Oklahoma City law firm Elias, Books, Brown & Nelson. Hines earned a bachelor’s degree from the University of Central Oklahoma and his juris doctor degree from the Oklahoma City University School of Law, where he graduated cum laude. A fan of the Oklahoma City Thunder, Hines also enjoys exploring the great outdoors with his wife and daughter.

Podcasts

5 Podcasts That Every HR Professional Should Download

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Podcasts provide the opportunity to sit like a fly on the wall and listen to some of the most brilliant minds in the world converse about today’s biggest trends and challenges.

According to a study by Triton Digital, nearly one quarter of Americans listen to a podcast at least once a month. Education is a popular subject, with 40% of podcast listeners tuning in to that type. If you’re an HR professional or business leader looking to broaden your knowledge of HR and HR technology this year, I highly recommend filling your ears and brains with these five podcasts throughout ’18.

1. HBR IdeaCast

From Harvard Business Review, the weekly HBR IdeaCast features leading thinkers in business and management discussing a variety of key topics in the work world.

It is an excellent resource for insights on a wide array of subjects including, but not limited to, HR. The discussions apply directly to organizations nationwide. The podcast reminds me of NPR’s Fresh Air, but with an emphasis on business leaders.

Recommended episodes:

2. HR Happy Hour

Since 2009, HR Happy Hour has featured thought leaders, workplace and technology experts, academics and more to take on important aspects impacting HR, technology and the workplace.

The podcast is so long-running that it has episodes dedicated to just about every HR topic under the sun. The charming hosts Steve Boese and Trish McFarlane make trending topics fun and informative.

Recommended episodes:

3. CIPD

From the UK’s Chartered Institute of Personnel and Development, the monthly CIPD podcast covers everything from talent acquisition to workplace training and cybersecurity.

CIPD’s international perspective brings fresh eyes to subjects that resonate with many American HR professionals. With a backlog of more than seven years’ worth of episodes available, it’s easy to recommend.

Recommended episodes:

4. Workology Podcast

Covering the science and art of the workplace, Jessica Miller-Merrell’s Workology Podcast offers insights and actionable tips on HR and recruiting. Each 45-minute episode promises an in-depth look at every company’s most valuable asset: the employee.

In asking sharp, pointed questions about the latest HR trends, Miller-Merrell does an excellent job as host, bringing a unique and often unexpected take on familiar subject matter.

Recommended episodes:

5. HR Break Room

The official podcast of Paycom, HR Break Room brings you quick conversations on hot topics in HR and HR technology. Co-host Chelsea Justice and I talk with guest experts about the challenges faced by the everyday workplace, as well as their solutions.

To be a bit self-indulgent, I love doing this podcast because it gives me the opportunity to talk with some of the most brilliant minds in the industry. In our first year, our esteemed guests have included New York Times best-selling author Cy Wakeman, millennial expert Adam Smiley Poswolsky, HR Bartender’s Sharlyn Lauby, futurist Jacob Morgan, author and Harvard professor Mihir Desai and of course, motivational speaker and leadership expert, Mark Sanborn.

Recommended episodes:

You can learn more about goings-on within the HR sphere by subscribing to HR Break Room podcast. Here’s to a year full of professional growth through podcasts!

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Posted in Blog, Featured, HR Management, Leadership

caleb.masters

by Caleb Masters


Author Bio:

Caleb is the host of The HR Break Room and a Webinar and Podcast Producer at Paycom. With more than 5 years of experience as a published online writer and content producer, Caleb has produced dozens of podcasts and videos for multiple industries both local and online. Caleb continues to assist organizations creatively communicate their ideas and messages through researched talks, blog posts and new media. Outside of work, Caleb enjoys running, discussing movies and trying new local restaurants.

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