Quick Hits - August 16, 2017 - American Society of Employers - ASE Staff

Quick Hits - August 16, 2017

More people are working side jobs:  According to new CareerBuilder research, nearly a third of workers (32%) are working side jobs – compared to 29% last year. This occurs more often in women than men – 35% vs. 28%. Broken down by age, those under 35 are more likely to have a side gig (41%) versus those over 35 (27%).  Workers of all income levels are taking on extra work. One in 4 workers making more than $75k (25%) and 19% of those making more than $100k currently have a gig outside of their full time job. This is compared to 35% of workers making below $50k and 36% earning below $35k. When asked if they're more passionate about their day job or side job, the day job won out 42% vs 32%.  25% said neither.  Source: CCH 8/11/17

Does profit share need to be included for overtime calculations? As part of a GEICO clerical employee’s compensation, she received an annual bonus through a profit sharing plan. The federal district court stated that generally this type of profit share is excludable.  The court also characterized the profit share as a “percentage of earnings” bonus, again stating it was excludable.  The employee argued that the bonus should be disqualified as a percentage bonus because it was "used to reward future performance and save the employer money" and "bonus plans containing these additional purposes and conditions do not qualify for exclusion from the regular rate."  The court ruled that the bonus was not disqualified from being a true percentage bonus merely due to contingency or lack of notice and properly excludable for the base for overtime calculation purposes.  Source: Russell v. Government Employees Insurance Company, Case No. 17-cv-0672-JLS-WVG (Southern District of California, 7/11/17)

Oral argument on the overtime regulations scheduled October 2: The Fifth Circuit Court of Appeals tentatively has set oral argument for October 2nd on the Obama-era overtime pay rule that has been blocked from government enforcement by a federal district court in Texas since last November. The DOL already has backed away from the government’s previous position, asserting in its appellate brief that it will not continue to advocate for the salary level set forth in the final rule but instead will undertake further rulemaking to determine what the proper salary level should be.  Making this argument tricky is that the DOL continues to argue on appeal that it has the statutory authority to establish a salary level test, contrary to the conclusion of the district court without reviving the Obama era regulations.  Source: Jackson Lewis 8/3/17

Older millennials moving out to suburbs:  Although the urban experience was a big pull for millennials, and for companies to move their headquarters into major urban areas, it appears that older millennials are moving the other way. Almost half of millennial homeowners live in the suburbs, and the majority stay in the same city when they buy a home, according to research from Zillow. Annie Radecki, senior manager at John Burns Real Estate Consulting, says builders are now focused on creating “surban” environments, or urban-like developments in the suburbs. Many of these “surban” environments provide millennials with the kinds of amenities they got in the city, including boutique fitness options, high-quality grocery stores, and popular restaurants. Millennials made up 42% of home buyers last year, more than any other generation, with most of them buying for the first time.  When thinking about talent and recruitment, employers need to refactor in commute times as well.  Too long of a commute may be a hidden barrier to recruiting these workers.  Source: Yahoo.com 8/7/17; Zillow.com 3/1/17

Is college really necessary today?: Contrary to the common belief that everyone must go to college, a new study from Georgetown University comes up with a surprising finding: There are still 30 million good jobs that don't require a college bachelor's degree, and people in them earn an average of $55,000 a year. The researchers consider a good job one that pays people 45 and older at least $45,000, or $22 an hour. For younger people, $35,000 is considered good as long as people advance and make $45,000 when they are more experienced in middle age. Of the 30 million good jobs for people without a bachelor's degree, over half — 16 million — pay over $55,000.  The four-year degree doesn't guarantee top pay. Although the economy has shifted, workers without a B.A. still comprise 64% of all workers and approximately 28% have better paying jobs than those with four year degrees. Many believe good jobs for workers without a B.A. no longer exist in this new economic environment.  Given the debt coming out of a four year degree program and that other avenues can provide a path to good jobs, college may not be a realistic option anymore.  Source: Chicago Tribune 8/10/17, Georgetown University 7/26/17

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