EverythingPeople This Week!

25

Feb

2020

If Coronavirus is Declared a Pandemic, What Do You Need to Know?

Author: Anthony Kaylin

Currently, the Coronavirus is slowing down in China but is seeing increasingly greater spreading to other parts of the world.  As of Monday, Chinese official figures released showed there had been 409 new cases of the Novel Coronavirus and 150 new deaths from the outbreak in China, bringing the total confirmed cases to 77,150, with a cumulative death toll of 2,592.

18

Feb

2020

When Will the EEO-1 Demographic Survey be Open?

Author: Anthony Kaylin

It’s anyone’s guess.  Just last week the parties to the EEO-1 Component 2 lawsuit agreed that collection can stop.  The trial court’s order last Monday February 10th stated that as of February 6, 2020, 88.8% of eligible filers have submitted EEO-1 Component 2 data for calendar year 2017, and 89.6% of eligible filers have submitted such data for calendar year 2018.

11

Feb

2020

Are You Ready for HR Disruption?

Author: Anthony Kaylin

From technology to employee and applicant expectation, HR is never going to be the same.  And depending on the administrations, additional costs and burdens will have to be accounted for, while working with a much smaller staff and budget.  An election is coming up again-2016 déjà vu it seems. Technology is moving so fast, and budgets cannot keep up.

4

Feb

2020

Compliance with Ontario’s Pay Equity Act

Author: Anthony Kaylin

In 1987 the Ontario government passed the Pay Equity Act (PEA). The Act describes the minimum requirements for ensuring that an employer's compensation practices provide pay equity for all employees in female job classes. It is only a gender-based discrimination law.  The purpose of this Act is to redress systemic gender discrimination in compensation for work performed by employees in female job classes.

28

Jan

2020

What Employers Need to Know About the Coronavirus

Author: Anthony Kaylin

Per the Centers for Disease Control (CDC), the 2019 Novel Coronavirus (2019-nCoV) is a virus (more specifically, a coronavirus) identified as the cause of an outbreak of respiratory illness first detected in Wuhan, China.   There have been at least 2,700 cases confirmed, primarily in China, and over 100 reported deaths.  12 countries have reported the Coronavirus (including the U.S., Germany, and Japan) with five positive cases and over 100 being tested in the U.S. ...

21

Jan

2020

The SECURE Act Changes to Retirement Plans

Author: Anthony Kaylin

On December 20, 2019 President Trump signed into law the Setting Every Community Up For Retirement Enhancement Act of 2019 (the “SECURE Act”).  This law has made significant changes to retirement planning and accounts by amending the IRS Code and ERISA law.  Plan sponsors should understand the different provisions of the SECURE Act, some of which became effective on January 1, 2020.

14

Jan

2020

What’s New in California?

Author: Anthony Kaylin

A lot it seems.  Starting in 2020 a number of new laws became effective.   From additional leave for organ transplant to no more independent contractors (maybe), California is leading the way to more costly and complex HR problem identification/solution scenarios.  The following is a list of new laws that HR now has to be aware of when administrating policies in California.

7

Jan

2020

U.S. DOL Updates FLSA Regular Rate of Pay for Overtime Calculation Purposes

Author: Anthony Kaylin

In a highly technical environment, a major issue that has gained momentum in the growing wage and hour lawsuits is the determination of base pay wage rate for calculating overtime.  The question is what needs to be included and what can be excluded for the overtime pay base wage rate. The new rule, which was published on December 16, 2019, will be effective as of 1/15/2020 and HR needs to be prepared for the updated calculations.

17

Dec

2019

Will Oracle Sink OFCCP Enforcement Authority?

Author: Anthony Kaylin

In a long running battle with the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), Oracle filed a complaint in the DC District Court that alleges “[t]he OFCCP has subjected Oracle to administrative proceedings that are unauthorized and impermissible, in violation of the law, and separation of powers.” 

10

Dec

2019

Quick Hits - December 11, 2019

Author: Anthony Kaylin

Detroit is no tech hub for attracting talent:  Just five metro areas — Boston, San Diego, San Francisco, San Jose, and Seattle — snapped up 90% of the 256,063 tech jobs created from 2005 to 2017, according to a study from The Brookings Institution. 

10

Dec

2019

Engaging Remote Workers in Meetings

Author: Anthony Kaylin

For remote workers, meeting engagement can be a challenge.  If the meetings are mixed live and virtual, it may be difficult for the remote worker to participate or identify the signs of the atmosphere of the meeting, even if a video feed is used by the entire audience. 

3

Dec

2019

Yo Boomer! Ach, those Millennials!

Author: Anthony Kaylin

Is discrimination on the rise at the workplace?  It appears so.  According to a survey from Glassdoor and the Harris Poll of 1,100 U.S. employees across age groups, three out of every five workers have either witnessed or been a target of some form of discrimination at work, based on their age, race, sexual orientation, or gender identity.  Yet EEOC filings have steadily decreased over the years.

26

Nov

2019

The Risks of Co-Working Spaces

Author: Anthony Kaylin

WeWork and other office share places are growing exponentially.  WeWork in many cities is becoming the number one tenant in many office buildings.   These services provide everything from headquarter space, office suites, private offices, and shared office spaces.  Generally, these services provide fast internet, full office access (e.g. printers, etc.), refreshments (including alcoholic refreshments), lunch and learns, and more. 

19

Nov

2019

I‘m Not Hiring You Due to a Disability

Author: Anthony Kaylin

At first blush, it would seem taking any action on a potential disability would violate the Americans with Disabilities Act (ADA).  Many employers will do pre-employment medical exams specifically to spot potential workers’ compensation possibilities.   Wouldn’t not hiring based on a potential issue of disability be discrimination per se?

12

Nov

2019

Sleeping to the Top Rumors: Can’t Women Ever Get a Break?

Author: Anthony Kaylin

Given that we are living in the 21st Century, women have achieved much in terms of equality in the workplace, but women are still being held back because of ignorance, economics, and the fact that societal norms are slow to change.  Yet “sleeping to the top” still persists as an attack on women who have made achievements based on competency and hard work. 

5

Nov

2019

Final Rules for Hardship Distribution for Qualified Retirement Plans Issued by IRS

Author: Anthony Kaylin

On November 9, 2018, the IRS published proposed rules to change the requirements for hardship distributions from a 401(k) or 403(b) retirement plan.  These rules grew out of the Bipartisan Budget Act of 2018, which opened the door for easing the rules governing hardship withdrawals from these plans.  On September 23, 2019 the IRS published final rules governing hardship distributions.

29

Oct

2019

Should You Use Pay Advance Apps?

Author: Anthony Kaylin

Financial wellness is a major issue for today’s employees.  According to Gallup, financial wellness is "effectively managing your economic life." This simple concept encompasses many factors, including:  spending within one's means, being financially prepared for emergencies, having access to the information and tools necessary to make good financial decisions, and having a plan for the future. Overall, it’s all about financial security, which all employees regardless of...

22

Oct

2019

Are Dress Codes Necessary?

Author: Anthony Kaylin

Likely yes, but the question is to what extent should it control the clothes worn to work.  A new study by Randstad said 33% of employees responding would not only leave their job if they were required to follow a conservative dress code, but they would also forgo a $5,000 salary bump to be able to dress casually. 

15

Oct

2019

And You Thought Exempt Wage Level Was Done

Author: Anthony Kaylin

For many, the wait for the exemption wage level is over.  The final regulations published at the end of September raises the “standard salary level” from the currently enforced level of $455 to $684 per week or from $23,600 to $35,568 per year.  Yet for those employers with multi-state locations, that’s only the beginning of the analysis.  A number of states are starting to act on their own to determine exempt level wages, and Michigan may eventually be one of...

8

Oct

2019

Is a Four-Day Workweek in the U.S. Feasible?

Author: Anthony Kaylin

Over the past few years, summer hours and flexible scheduling have been a trend towards a compressed workweek.  In Europe this trend is growing.  Currently, the Netherlands has a mandated four-day workweek with an average of 29 hours per week.   Many European organizations are also cutting the number of hours from 36 hours (five days) to 28 hours (four days) to reduce burnout and make workers happier, more productive, and more committed to their employers.   This...

1

Oct

2019

Harvard Wins Round 1 of Anti-Affirmative Action Lawsuit

Author: Anthony Kaylin

A Massachusetts federal court judge ruled against the anti-affirmative action coalition suing Harvard over its admissions standards.  The coalition Students for Fair Admissions or SFFA argued that Harvard’s process discriminated against Asian-American applicants because of a subjective personal rating through which those applicants received lower scores due to racial bias.   In effect SFFA argued that the president and fellows of Harvard College violated Title VI of the...

24

Sep

2019

The Final Wage and Hour Exempt Regulations are Published

Author: Anthony Kaylin

The U.S. Department of Labor Wage and Hour Division published the final exempt regulations.  These regulations have gone through various transformations from the Obama Administration to the Trump Administration.  The last time these rules were changed was in 2004 under the Bush Administration.  The final rule will be effective on January 1, 2020.

17

Sep

2019

No Pay Collection by EEOC in 2020 (Or Likely Thereafter for a While)

Author: Anthony Kaylin

Although for 2019, employers with 100 or more employees are required to report Box 1 W-2 pay and hours worked for 2018 and 2017, that won’t be the case in the coming year.  The EEOC is under a court order, although appealed, to collect this data.  The EEOC is determined to collect both 2017 and 2018 data by end of September as opposed to pushing the reporting requirements to 2020 by collecting 2018 and 2019 pay data.

10

Sep

2019

W-4 is Changing for 2020

Author: Anthony Kaylin

The W-4 is changing. On September 20, 2018, the Internal Revenue Service (IRS) announced that the major revisions previously proposed to the 2019 Form W-4, Employee’s Withholding Allowance Certificate, will be delayed to 2020.  In August 2019, after releasing the second draft of the 2020 W-4, the IRS released the second draft of Publication 15-T, Federal Income Tax Withholding Methods, for 2020. 

3

Sep

2019

Do Wellness Programs Pay Off?

Author: Anthony Kaylin

According to some studies the answer is no.  A recent Harvard study found that wellness programs yield unimpressive results—yet over 80% of large organizations offer them.  Why the poor results? 

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