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  • A decision made by New York State explained that manual workers could sue their company over their wages being paid late. In New York, how frequently one is required to pay a worker depends on how that work is classified. It’s vital to understand who’s considered a manual worker as they must be paid on a weekly basis, not biweekly.

    Who Is Considered A Manual Worker

    In New York, a manual worker is considered a mechanic, workingman, or laborer who spends more than 25 percent of working time performing physical labor. If employees spend at least 25% of their working time engaged in “physical labor,” they will be considered a manual worker. The term “physical labor” isn’t just limited to lifting heavy objects or the back-breaking work many will consider it to reference. Instead, the term includes any worker who completes “countless physical tasks.”

    Frequency Of Paying Manual Workers

    Manual workers in New York must be paid weekly and no later than seven calendar days after the end of the week for which the wages were earned. Large employers can also pay their manual workers semi-monthly, but they must apply to the Commission of Labor.

    However, if you’re working in an executive, administrative, or professional capacity and earning more than $900 a week, the pay frequency doesn’t apply. In addition, there are some cases an employee may be considered exempt from overtime purposes as a manual laborer under the pay frequency law.

    Exemption Eligibility 

    There are large employers that could potentially apply to the New York State Department of Labor for an exemption. To qualify for the exemption, an employer must have an average of 1,000+ employees in New York during the last three years. In addition, if you’re an employer with an average of 1,000+ employees in New York within the last year and an average of 3,000+ employees outside of New York in the previous three years.

    Is It Time For Your Business To Outsource Payroll?

    If you’re a small business owner who finds it challenging to keep up with laws and regulations, consider outsourcing your payroll functions to GMS. At GMS, we provide our clients with GMS Connect, an online payroll software where your employees can keep track of their paychecks. We ensure that all employees are paid the right amount on time. Contact us today.

  • Beginning July 1, 2022, the business standard mileage rate for transportation expenses paid or incurred will be 62.5 cents per mile. The IRS recognizes the gasoline price increases which has caused this midyear change. A new rate for deductible medical or moving expenses will be in effect starting July 1, 2022. The price will be changed to 22 cents per mile as opposed to 18 cents in the first half of 2022.

    The business standard mileage rate is used to calculate the deductible costs of operating a vehicle for business purposes. In addition, the federal government and many businesses use this rate as a benchmark for reimbursing their employees’ mileage.

    IRS Commissioner Chuck Rettig stated, “We are aware a number of unusual factors have come into play involving fuel costs, and we are taking this special step to help taxpayers, businesses, and others who use this rate.”

    Simplify Your Payroll Administration

    Business owners can utilize the IRS mileage rate through the support of GMS. Our team of payroll experts will be able to answer any questions you may have regarding the changing rates. Consider offering mileage reimbursement at the IRS rate so that your employees feel valued during these unprecedented times. Contact us today. 

  • The U.S. Equal Employment Opportunity Commission (EEOC) announced that the new deadline for employers to submit and certify their 2021 Employer Information (EEO-1) Component 1 has been extended. Employers who missed the original deadline of May 17th, 2022, now have until June 21st, 2022, to submit their 2021 EEO-1 reports.

    The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex, national origin, age, disability, or genetic information. Most types of work situations like firing, hiring, promoting, harassment, training, etc., are included under this law. The EEOC investigates any case related to discrimination against an employer who is covered under the law.

    EEO-1 Component 1 Data Collection

    The EEO-Component 1 report is a mandatory collection of data that all private sector companies with over 100 employees and federal contractors with over 50 employees are required to submit annually. These businesses must submit demographic workforce data such as race/ethnicity, sex, and job categories of each individual.

    Outsource Your Administration Function To GMS

    As a small business owner, it can be challenging to meet certain deadlines. Failure to comply can result in substantial penalty fees. At GMS, our experts keep you up to date on deadlines and ensure you are staying compliant with federal and state laws. Contact us today.

  • When considering partnering with a professional employer organization (PEO), many questions may cross your mind. If you’re just now learning about a PEO, you’ve taken the first step toward providing your company with more efficient and unique practices for handling your most precious assets: your employees. You may be asking, what exactly is a PEO? A PEO enables companies to cost-effectively outsource the management of human resources, employee benefits, payroll, and workers’ compensation. As a PEO, GMS leverages its collective buying power to act as one large company. A PEO works diligently with small business owners to provide them with the same buying power as a larger business through a co-employment relationship. By working with a PEO, you gain access to more cost-effective options regarding healthcare, dental, vision, and workers’ compensation.

    There are many reasons why employers use a PEO. As a business owner, you’re already aware of the amount of time and energy that goes into each aspect of managing your business. What can a PEO do for your business that will save you time and money? Continue reading to see how GMS can make your business simpler, safer, and stronger.

    Payroll

    Managing payroll and tax filings can be one of the most time-consuming and costly tasks there is within your business. Small and mid-sized companies spend an average of $2,000 per employee per year to handle payroll. When you outsource payroll with us, you gain access to:

    • Taxes & tax filing
    • Electronic onboarding
    • Pay card options
    • Garnishment administration 
    • Customized payroll reports
    • Employee documentation
    • Time clock integration
    • GMS Connect: advanced online payroll system
    • New hire reporting
    • Employee self-service portal and app
    • Compliance advice and assistance 

    Human Resources

    There are many functions when it comes to human resources management – from recruiting and retaining employees to payroll to tracking vacation time. Focusing on your company should be your number one concern. Your employees are the backbone of your business. HR management plays a role in instituting and suggesting strategies for individuals that impact the growth of your business. Creating an environment that encourages employees to do their best increases longevity in the workplace. Below are the advantages of outsourcing your human resource functions to a PEO:

    • HR audit
    • Human resources information system (HRIS)
    • Recruitment services 
    • Onboarding
    • Compliance assistance
    • Training & development programs 
    • Retention strategies
    • Recognition programs 
    • Employee relations guidance 

    Risk Management

    There are many risks associated with workers’ compensation and workplace hazards. The majority of work-related deaths, injuries, illnesses, and consequential workers’ compensation costs are preventable. With the right risk management solution, you’ll be able to create a safer work environment for your employees, which ultimately results in fewer claims and a lower workers’ compensation insurance rate. Below are benefits you gain when outsourcing risk management:

    • Claim(s) management
    • PEO discount programs
    • Drug testing
    • Workers’ compensation management 
    • Claim investigation
    • Hearing representation
    • OSHA walk-throughs
    • Safety programs & audits
    • Trainings, webinars, and more

    Benefits

    Attracting and keeping quality employees is the number one concern in today’s workplace. As many individuals are looking for new jobs, standing out from your competitors is key. One of the best ways to do this is by offering a benefits package. Offering a benefits package to your employees, show them you are invested in not only them but their future with your business. Below are examples of benefits you can offer your employees:

    • PEO benefit program
    • TPA services
    • Claims administration
    • Wellness programs 
    • Supplemental insurance programs
    • ACA compliance
    • ERISA compliance
    • RX specialist & assistance 
    • 401(k) 
    • Benefit plan offerings/administration
    • Benefit compliance reporting
    • Claim audits/case management 

    As the list of services that GMS can offer your business is extensive, our experts are here to help with any area of your business that is struggling. By choosing to partner with us, we can better understand what services will be of benefit to your business. We work with you to create a plan that’s designed specifically for the size and needs of your business. Contact us today to learn more!

  • Any employer who conducts business in Georgia has new compliance-related requirements to be considered in 2022. In order to determine the amount and type of tax credits that are available to employers, Georgia ranks all counties, census tracts, and special zones. Depending on what ranking your business falls in, it can significantly impact jobs and investment credits.

    A list of these rankings is published by Georgia’s Department of Community Affairs (DCA) at the beginning of each calendar year. The published list highlights any area that is changing and could lead to lost benefits that are available from the previous year. However, any business that is within an affected location can submit a Notice of Intent (NOI) with DCA no later than March 31st. For example, if a business filed an NOI by March 31st, 2022, that business would preserve the 2021 ranking/status for 2022, 2023, and 2024. If you do not submit an NOI in a timely manner, any business with a changing ranking or status will only be allowed to claim credits at the 2022 ranking level.

    If you plan to expand or invest in a business in the state of Georgia within the next three years, be sure to review the annual list and file an NOI if their location is within an area with benefits that are decreasing.

    Tax Credits Available To Offset State Payroll Withholding Taxes

    Depending on the location, Georgia continues to expand the availability of tax credits that can offset income tax liabilities and withholding taxes. Tier one counties, less developed census tracts, opportunity zones, and military zones are eligible for job credits. Tax years beginning January 1st, 2022, will also include investment credits for investments made in rural counties.

    The Department of Revenue established a new procedure that must be carried out through the Georgia Tax Center to claim any credits against withholding tax. This procedure was put in place to speed up the application and approvals processes. Follow these important steps that are required to use these credits to offset withholding:

    • Credit approval
    • Claiming of credit on income tax return
    • Notification of intent to utilize credit against withholding tax
    • Offsetting payments of withholding tax

    Outsource Your Payroll Administration To GMS

    Payroll tax filing requirements are complex and ever-changing. As a business owner, it can be challenging to meet payroll tax deadlines and file taxes correctly, and failure to comply can result in high penalty fees. In addition, staying on top of regulations, deadlines, and filling out forms takes time away from your busy schedule. Stop spending time worrying about these HR functions and start spending time growing your business. Contact us today!

  • Running a business is complicated enough. Having to deal with wage and hour violations only makes your ability to grow your business even more difficult.

    The majority of businesses in the U.S. are subject to the rules and regulations set by the Fair Labor Standards Act (FLSA). These rules establish standards for minimum wage, overtime pay, recordkeeping, and youth employment compliance.

    While these rules are designed to protect employees, it’s not always easy for employers to keep track of and apply these rules. It’s very easy for a simple, honest mistake to lead to an FLSA violation, which is why businesses should take the time and effort to conduct internal audits to identify any potential issues.

    Why Should Businesses Conduct Internal Wage And Hour Audits?

    The biggest reason to complete internal wage and hour reviews is quite simple – FLSA noncompliance is expensive. Violations can range from $1,000 to $10,000 each. In addition, FLSA violations could end up costing businesses in a couple of other ways. 

    According to the U.S. Department of Labor (DOL), the Wage and Hour Division took more than 24,700 compliance actions against businesses in 2021. Those actions led to more than 190,000 workers earning more than $230 million in back wages. This results in non-compliant companies owing an average of $1,211.70 in back wages for affected employees.

    In addition to back wages, financial penalties make FLSA violations even more costly for a business. The DOL will fine any company that willfully or repeatedly violates minimum wage or overtime pay requirements. These penalties include civil fines up to $1,000 for each violation.

    Repeated violations can also make a business a common target for future audits. The DOL chooses targets for wage and hour audits as part of an overall initiative or because individuals have filed complaints against a specific business. By failing an audit, the DOL has reason to check in on your business in the future for additional violations.

    An FLSA Audit Checklist

    A thorough FLSA audit includes multiple steps. Each of these steps is designed to provide a comprehensive overview of who is covered by the FLSA as well as, the different factors that can lead to violations.

    1. Review employee classifications
    2. Review regular and overtime pay calculations
    3. Review records and policies

    Employee classifications

    The first step of auditing your wage and hour practices is to examine the exemption status for all your employees. It’s essential to properly classify each employee to determine their exact employment status and whether or not they’re eligible for overtime.

    Employers conducting an audit should create a list that includes every employee. The safest way to start is to assume that every employee is eligible for overtime until proven otherwise. This employee list should include the following information to help employers determine overtime exemption status:

    • Job titles
    • Job descriptions
    • Salary information

    Once armed with this information, employers can perform a trio of tests to determine whether employees qualify as exempt or not. If an employee passes all three tests, employers can assume that they are exempt from overtime pay.

    • The salary basis test – Exempt employees must be paid a predetermined, fixed salary that cannot be reduced.
    • The salary level test – Exempt employees must meet the minimum salary threshold of $35,568, which equates to $684 per week.
    • The duties test – Employees must primarily perform a list of set duties established by the DOL.

    The easiest way to determine exemption status is whether an employee is a blue-collar worker or not. Blue collar workers are eligible for overtime, regardless of their salary. Non-salary employees are also eligible for overtime.

    When it comes to “white-collar exemptions,” employers will need to review each employee’s title, job description, and current duties. The DOL lists five separate groups as exempt from overtime pay, which are explained in-depth in our post on navigating white-collar exemptions. If a white collar employee’s duties align with any of the following groups and pass the salary tests, they are exempt.

    • Executive
    • Administrative
    • Professional
    • Computer
    • Outside sales

    Pay calculations

    Once you’ve successfully separated exempt and non-exempt employees, it’s time to review your pay practices to ensure that everyone is being compensated properly. This phase involves confirming the use of proper pay practices and calculations.

    • Ensure all hourly workers are being paid at least $7.25 per hour (or more, depending on your city/state).
    • Confirm that all employees who earned overtime were paid at least one and one-half times their regular pay rate after 40 hours of work in a workweek.
    • Double check to see if there are any employees who work in two different positions at differing rates that require special pay calculations and timekeeping practices.

    Records and policies

    An internal audit is a good time to review your company’s timekeeping policies. The FLSA requires employers to maintain a variety of records pertaining to their employees’ wages and hours. As such, your audit should confirm that your business records the following information and that all recorded information is accurate:

    • Employees’ personal information which includes, name, home address, occupation, sex, and birth date if under 19 years of age.
    • Hour and day when workweek begins.
    • Total hours worked each workday and each workweek.
    • Total daily or weekly straight-time earnings.
    • Regular hourly pay rate for any week when overtime is worked.
    • Total overtime pay for the workweek.
    • Deductions from or additions to wages.
    • Total wages paid each pay period.
    • Date of payment and pay period covered.

    How Often Should I Conduct FLSA Audits?

    In general, it’s best to perform wage and hour audits at least once a year. For example, some organizations plan a regular internal audit timed with either the beginning or end of their fiscal or calendar year.

    Another option is to conduct ongoing reviews throughout the year. This process involves more regular check-ins for compliance concerns, such as employee classifications or overtime calculations for new employees. Employers can also combine a comprehensive yearly audit with quarterly inspections to be as proactive as possible about FLSA violations.

    Stacey Larotonda, Vice President of Client Services at GMS, emphasizes, “FLSA self-audits should be done by every business on a consistent basis. It’s an easy way to make sure you aren’t hit with a significant fine should the Department of Labor want to audit you. Spending a little time on the front end can save you lots of money in the long run.”

    Protect Your Business From FLSA Violations

    A simple timekeeping mistake is all it takes to land your company in trouble with the DOL. Internal FLSA audits are one tool that employers can use to protect their business from misclassification, timekeeping errors, and other challenges. However, sometimes business owners can use some additional support.

    Simply put, most business owners don’t have the time to handle every tedious administrative task. GMS partners with businesses to help them simplify their core business functions. GMS provides your business with experts and a comprehensive web-based payroll solution to help you save time and protect your business against FLSA violations, wage and hour laws, and other costly issues. Our experts help business owners with:

    • Contractor vs. employee status
    • Recordkeeping
    • Overtime exemptions
    • Child labor

    Ready to streamline your payroll process and other HR tasks? Contact us now about how GMS can make your business a safer place.

  • As the saying goes, “To make money, you have to spend money.” While spending money is an inevitable part of running a successful business, keeping track of all your expenses without a proper process can be difficult.  

    While some companies choose to track their expenses manually, there is a quicker and safer approach: using an expense report tracking system. 

    What Are Expense Reports and What Do They Do? 

    Expense reports are special forms that outline and track business-related purchases and are submitted by employees for tracking and reimbursement purposes.  While they may be tedious to complete, these reports help streamline budgets, confirm purchases, ensure compliance through documentation, and track tax deductions.  

    Common expense report categories include the following: 

    • Travel 
    • Parking 
    • Hotels and other lodgings 
    • Gas 
    • Office expenses such as rent, utilities, office supplies, etc.  
    • Repairs and maintenance 

    The most common expense on a report is when an employee uses their own money to buy something on behalf of the business. The employee provides details on the purchase, attaches proof of payment such as an invoice or a receipt, and submits it to their employer, who then decides whether to approve or deny reimbursement. 

    What’s Included in an Expense Report? 

    While there isn’t one expense report format, there are common fields and information needed to submit a report. These fields include: 

    • Name of the employee who made the purchase 
    • The date of the purchase 
    • How the purchase was paid for (i.e., credit card, cash, etc.) 
    • Type of expense (Travel, parking, etc.) 
    • Description of the purchase 
    • Proof of payment 
    • Reimbursement total 
    • Any additional notes or information regarding the purchase 
    • Signature or approval from a supervisor 

    Top Benefits of an Expense Report Tracking System 

    Manually reviewing a long list of business expenses can be daunting, but an expense tracking system can simplify the entire process and offer several other benefits. 

    Enhanced compliance 

    An expense reporting system enables businesses to categorize expenses and produce documentation for tax returns, ensuring compliance with federal, state, and local tax laws. In the event that there is miscommunication among a team or a miscalculation, having an expense reporting system allows you to quickly review the expense in question and go over any details, making it easier to correct any mistakes made during the reimbursement process. Fixing potential expense mistakes before it’s too late can help reduce the potential for a non-compliance fine or monetary penalty.  

    Budget management 

    Expense reporting software plays a crucial role in effective budget management. It allows businesses to track and categorize expenses accurately, ensuring that cost amounts are correct and accounted for. By automating the expense reporting process, the software reduces the risk of errors and fraud while streamlining expense approval and reimbursement. This software enables businesses to make informed financial decisions and identify areas to improve and maintain compliance.  

    Saves time 

    As a business owner, your time is valuable. By automating expense reporting, you remove the need for manual processing. This not only increases efficiency but also saves you time, allowing you to concentrate on higher-value tasks, such as strategic planning and business development. Reporting software can also flag various issues and fix them in real time, reducing potential delays with reimbursement.  

    Simplify Administrative Tasks with GMS 

    Managing expense reporting alongside other responsibilities can make it challenging for business owners to concentrate on growth. That’s where a professional employer organization (PEO) like Group Management Services (GMS) can be a beneficial ally.  

    GMS’ knowledgeable experts can assist business owners with administrative functions like human resources, benefits administration, payroll, and more. GMS provides insight, assistance, and resources to help business owners effectively manage their business and employees. Our human resources information system (HRIS) allows business owners to easily manage everything from payroll to paid time off (PTO) requests to expense reporting.   

    Contact GMS to learn how we can help save you time and money with our services. 

  • The Employee Retention Tax Credit (ERTC) is set to expire at the end of 2021, but that doesn’t mean that businesses are out of time to take advantage of the credit. The exact details of the ERTC have changed since it was created by the Coronavirus Aid, Relief and Economic Security (CARES) Act in March of 2020. After multiple extensions, it’s likely that the ERTC won’t be around after Dec. 31, 2021.

    Fortunately for businesses, the most recent updates have made it easier to benefit from the ERTC. Between the Consolidated Appropriations Act and American Rescue Plan, the IRS has loosened its criteria for which businesses qualify and increased how much businesses affected by COVID-19 can claim. Here’s a breakdown of what has changed for the ERTC and how businesses can claim tax credit before it’s too late.

    Key Updates To The ERTC

    Relaxed standards for eligible businesses

    Businesses of all sizes can qualify for the ERTC. There are a variety of factors that the IRS uses to determine if a private-sector business or tax-exempt organization is eligible for the tax credit. These factors have changed over time since the ERTC was introduced in 2020. As of now, the following criteria are used for eligibility:

    • A full or partial suspension of trade or business operations during 2020 or 2021 due to governmental orders stemming from COVID-19.
    • A decline in gross receipts of more than 20% (previously 50%) during a calendar quarter in 2020 or 2021 when compared to the same quarter from the 2019 year.
    • New businesses – called “recovery startup” businesses – created after Feb. 15, 2020, and have average annual gross receipts that are $1 million or less.

    Originally, the CARES act excluded Paycheck Protection Program (PPP) loan recipients from qualifying for the ERTC. That exclusion has changed and businesses that received PPP loans can also qualify for the ERTC retroactive to March 12, 2020.

    Changes to how much businesses can claim

    The credit is based on an eligible business’ “qualified wages.” In the past, businesses with 100 or more employees would only count wages paid while the employer could not provide services due to COVID-19. The CAA changed it so that any eligible business with fewer than 500 employees can consider all employee wages as qualified for the credit whether they are subject to a shutdown order or open for business. In addition, businesses can consider any employer-paid health benefits as part of employees’ qualified wages.

    The exact amount of the credit has also changed since the ERTC was first introduced. The credit was increased from 50% of qualified wages paid during the calendar quarter to 70% thanks to the Taxpayer Certainty and Disaster Tax Relief Act of 2020. That rate was kept when the ERTC was extended through Dec. 31, 2021.

    Eligible employers can apply that 70% to their qualified wages up to a limit of $10,000 per quarter. As a result, employers can receive a maximum quarterly credit of up to $7,000 per employee, or $28,000 combined for all four quarters. However, businesses that received PPP loans will still receive a maximum credit of only $5,000 per employee.

    New exceptions for “severely distressed” employers

    Another change that the American Rescue Plan Act made to the ERTC involved loosening up some of the restrictions placed on what the IRS considered “severely financially distressed employers.” The Act allows employers to claim tax credit for all employee wages up to the limit as long as they can demonstrate reductions in gross receipts of at least 90% compared to the same calendar quarter in 2019.

    How To Claim The ERTC For Your Business

    Any eligible employers must report their total qualified wages and the related health insurance costs on their quarterly employment tax returns to claim credit. For most employers, this will require filling out Form 941 and including relevant information for each quarter. The final date to claim the ERTC is now Dec. 31, 2021.

    Businesses that may have previously missed opportunities to claim the ERTC are also in luck. Eligible businesses can retroactively claim an ERTC refund on qualified wages paid for past quarters within the ERTC timeline. Employers would need to file Form 941-X, Adjusted Employer’s Quarterly Federal Tax Return or Claim for Refund, in order to make up for that lost opportunity.

    While the deadline is Dec. 31, 2021, it’s best to collect all the required documentation and submit it to the IRS earlier than that date. The quicker a business files this information, the sooner it will receive ERTC funds, as turnaround times are roughly 30 to 60 days. This need for prompt filing is especially true for Form 941-X. The estimated turnaround time for retroactive claims is roughly 90 to 120 days, and there could be significant delays as the IRS addresses its current backlog of 941-X returns.

    Prepare Your Business For The ERTC And More

    While it’s easier to qualify for the ERTC in 2021 than in the past, it’s still not a simple process. Employers still need to parse through a lot of payroll data to even determine if they’re eligible – and then they’ll have to collect and complete even more documentation to claim those important funds.

    If that sounds like a lot of complicated, tedious work, it is. That’s why so many businesses partner with GMS to manage their payroll administration and stay on top of ongoing legislative changes. While our experts take on time-consuming tasks in payroll processing and tax management, you can focus on your own business and make the most out of opportunities like the ERTC.

    Ready to simplify your business? Contact GMS now about how we can help you stay on top of tax credits and more.

  • When you own a business, salaries are a big deal. According to the Society for Human Resource Management, employees’ wages can account for 18% to 52% of your operating budget. Your employees play a key role in the success of your business and an efficient employee compensation plan is important for ensuring the pay structure of your business is working properly. A formal compensation structure can help your business manage salary expenditures and retain top talent that will help your company grow.

    What Is A Compensation Structure (And How Can It Help My Business)?

    A compensation structure, also known as a salary structure, is a framework that a business uses to determine compensation. A good structure sets pre-existing guidelines to delegate these pay increases in a fair, unbiased manner, as opposed to using inconsistent factors like negotiation or previous salary history. A formal structure typically includes standards for the following forms of compensation:

    • Starting salaries for various positions.
    • Managing when and how raises are addressed and awarded.
    • Distributing bonuses and commissions.

    Formalizing how you compensate your workers achieves a couple of goals for your business. To start, it creates a structure where you can create accurate staffing projections going into the hiring process, while allowing you to map out how future raises and bonuses will impact your total salary expenditures.

    A formal salary structure also gives employees more insight on how pay decisions are made. This information allows you to justify decisions with existing data and make the criteria for salary adjustments clear to everyone.

    Types Of Compensation Structures

    The good news about creating salary structures is that you don’t have to invent the wheel. There are some established compensation structures out there that you can adopt and adapt as needed. These include the following structures:

    • Broadband
    • Grade and range
    • Step
    • Market-based

    Broadband structures

    A broadband approach is a more traditional structure that was common for older companies. This type of structure creates “bands” of earnings that are based on seniority and position levels. As employees move up the hierarchy and stay with the company longer, they can move up to new bands.

    Broadband structures were very popular when people tended to stay in one job for most or all of their career. These structures typically have fewer bands, but each band has a broad salary range and multiple positions within each band.

    This type of system is good for rewarding employees who acquire new skills to advance from one band to another, or for companies who want extra flexibility in determining pay and promotions within a single band. However, the length of time it can take to move from one band to another may not appeal to ambitious young workers who want to be recognized for their achievements.

    Grade and range structures

    Grade and range structures are similar to broadband structures, but the “bands” are usually much smaller and are not tied to length of tenure. Every grade allows a company to group similar jobs together within and base that grade’s range on market rates, overall responsibilities, and organizational value. As employees advance to new higher grades, businesses can increase the salary range and earning potential to accommodate that level of value.

    The added bands allow for more flexibility to jump from one pay grade to another, rewarding employees that perform well. A series of grade levels allows business owners to visualize each level of responsibility and communicate them to employees. These qualities make grade and range structures a natural fit for larger businesses, companies with extended management hierarchies, and organizations with diverse roles who want more flexibility to promote employees earlier without as much of a commitment as broadband.

    Step structures

    While broadband and grade structures take increased skill or responsibility into account for promotions and hiring, step structures are much more focused on length of service. “Stepping” sets up a structure where employees receive fixed pay rate increases based on a pre-set schedule. For example, an employee with four years of experience would make more than one with two, depending on your stepping schedule.

    Step structures offer a couple of key advantages for both employers and employees: they’re easy understand and simple to manage. This type of compensation structure usually involves smaller increases per step, but employees will advance predictably up the ranks. Employees can very quickly understand what it takes to increase compensation, while employees can easily automate salary adjustment and forecast future expenditures based on set dates.

    These advantages make step structures a natural fit for businesses with smaller compensation budgets or those that want to ensure steady increases to company spending. Organizations that prefer to tie their compensation philosophy to tenure instead of individual performance will also find step structures appealing.

    Market-based structures

    Market-based salary structures are less about what is happening inside your company and more about external factors. Businesses with this type of philosophy will base salaries and proposed pay increases on data gathered from outside sources.

    This approach allows employers to benchmark starting salaries and promotions around what the market pays for similar positions. Businesses can then evaluate other external factors – cost of living, average compensation by location, etc. – to adjust their structure to their needs. For example, a business in a smaller market may offer slightly lower salaries than big cities because the cost of living is lower. By benchmarking salaries, businesses can be flexible enough to compete with the market for top talent.

    How To Create Your Salary Structure

    Now that you know the various salary structures, it’s time to create one that‘s best suited for your business. This process depends requires a few key steps to not only identify which type of structure is right, but also put that plan in motion.

    Identify the value of each position in your company

    Even though there may be salary data available for specific roles, they aren’t specific to your business. Take some time to evaluate just how essential each role is to the operations of your company. If a job is critical to your success, you may want to put that role in a higher pay grade or adjust your structure accordingly. This process will help you cater your structure to your exact needs so that you can attract and retain talent for pivotal positions while balancing your expenditures.

    Consider how your company stands compared to your market

    Your place in the market can dictate a lot about how you approach your employee compensation structure. This process involves asking yourself a lot of questions. For example, do you need to pay employees more than market-level wages to retain key talent? Do you need to adopt a lower-than-market strategy to stay within budget? Are employees in your market more likely to stay with your company for a long time?

    Each answer will help dictate which approach is right for your company. Identifying opportunities in your region and industry can help you balance what’s most valuable to your business with what you need to pay to compete with competitors.

    Formalize your compensation structure and align current employees with your strategy

    Once you have the answers you need, you can build a compensation strategy tailored to your needs. This compensation plan should include a detailed breakdown of each salary range, pay grade, or steps so that nothing is left unanswered. Document everything from minimum and maximum salaries for each position, timelines, and other details that pertain to your structure of choice.

    It’s also important to remember that this new structure applies to not only future hires, but also current employees. Take some time to evaluate your current employees’ salary rates and see how they compare to your new structure. You may find that some workers are behind – or ahead – of where they would be in the new system.

    Create a plan to have these outliers align with your new structure. For people behind schedule, that may call for greater increases to help them hit their expected minimum rate. Meanwhile, employees that are well ahead of schedule may call for a pay freeze or smaller increases until they match the compensation you identified as appropriate for your structure.

    Build a Compensation Structure That’s Right for Your Small Business

    Creating a new employee compensation plan is a daunting task for small businesses. It’s not just about money – these decisions also need to factor in the costs of hiring and training employees, navigating payroll, and the ever-present need for compliance. That’s why it’s helpful to go through these processes with the right partner.

    GMS works with small businesses to give them the tools and support they need to grow. Our experts can work with your company to implement salary structures that not only help you attract and retain key employees, but also work with your bottom line.

    Are your ready to make your business simpler, safer, and stronger? Contact GMS today to about how we can help you save time and money through payroll administration and other HR strategies.

  • You don’t need to run a big business to be a target for litigation. Small businesses across the country are targets for potential lawsuits, especially when it comes to wage and overtime compliance.

    Wage and hour litigation has grown into a major hazard for employers. Employees can pursue litigation if they feel that they weren’t paid for their work. These types of claims can stem from a variety of factors – an employee worked overtime that wasn’t approved, someone clocked in early when they weren’t supposed to, etc. These claims can wreak havoc on your business, so it’s essential to protect your business from these disputes.

    Why is Wage and Hour Litigation a Growing Trend?

    While wage and hour lawsuits have been around for decades, they’ve become more prominent in the past few decades. Fair Labor Standards Act (FLSA) lawsuits increased by a staggering 417% between 1997 and 2017, and the stakes have grown even higher in recent years due to complicated labor regulations and the impact of COVID-19.

    The Department of Labor’s Wage and Hour Division (WHD) has dedicated more time in recent years to achieve compliance with labor standards. The WHD conducted more outreach events in 2020 than any other year in history, capping off a three-year stretch of increased efforts. More employees also reached out to the WHD, as evidenced by the following numbers.

    • The WHD received more than 9,000 phone calls per day, an 350% increase from their previous average.
    • The WHD website received more than 45 million views since the passage of the Families First Coronavirus Response Act (FFCRA).
    • The WHD collected an average of $706,000 in back wages for workers per day in 2020.
    • WHD investigations in 2020 found that employees were owed an average of $1,120 in back wages.

    COVID-19 also created some new challenges for wage and hour compliance. More businesses were forced to have employees work from home, making it difficult for some employers to diligently track hours and account for overtime as they would have before.

    How to Protect Your Business from Wage and Hour Litigation

    Simply put, employers need to be increasingly careful about wage and hour violations. Even a small timekeeping error or miscommunication can turn into a lengthy, costly dispute. 

    Here are some ways that you can protect your business against these lawsuits.

    Keep accurate employee payroll records

    Clean, accurate payroll documentation is a critical aspect of running a compliant business. The (FLSA) requires businesses to keep accurate payroll records for non-exempt employees, many of which can help you make your case if you ever face a wage and hour lawsuit. Some of those records include:

    • Time and day of week when employee’s workweek begins
    • Hours worked each day
    • Total hours worked each workweek
    • Basis on which employee’s wages are paid (e.g., “$9 per hour,” “$440 a week,” “piecework”)
    • Regular hourly pay rate
    • Total daily or weekly straight-time earnings
    • Total overtime earnings for the workweek

    It’s also important to maintain these records for extended periods of time. Payroll data should generally be stored for at least three years in case of future litigation or if the Department of Labor (DOL) ever wants to review your business.

    Audit your timekeeping practices and adjust policies as necessary

    One of the simplest ways to protect your business is to review your timekeeping practices. Maintaining outdated or poorly defined practices can lead to unpleasant surprises when it comes to wage and hour law. As such, you’ll want to audit your practices and make the necessary changes to help your business avoid any issues.

    A good place to start is to review the Society for Human Resource Management’s (SHRM) checklist for various timekeeping practices. This checklist highlights a few different issues that can clean up your practices and establish more definitive methods for timekeeping. Of course, there are some notable risk areas that you’ll need to address as well.

    Establish a timekeeping policy and communicate it to employees

    It’s essential to set some ground rules to makes sure everyone is on the same page about your timekeeping policy. Employees should have a clear understanding of how your timekeeping policy works and what they should do when it comes to recording time. For example, you may want to highlight the following policies.

    • Require employees to record and verify all time worked.
    • Break down what counts as hours worked (such as training and travel time).
    • Put controls in place to prevent employees from clocking in early without prior approval.
    • Prohibit off-the-clock work.
    • Clearly state that overtime must be pre-approved by a supervisor.

    You’ll also want to have your employees review and sign documentation that they acknowledge your practices. This measure will not only educate employees on your policies, but also serve as a key compliance document to defend your business against some off-the-clock claims.

    Avoid rounding for timekeeping if possible

    It’s not uncommon for employers to round hours during payroll, but that doesn’t mean it’s the safest approach. According to the DOL, “employee time from 1 to 7 minutes may be rounded down, and thus not counted as hours worked.” The problem with this approach is that it can still open your business up to legal grey areas. SHRM found that “courts have ruled in favor of employees where the employer’s rounding policy worked only to the employer’s advantage or failed to average out over time.” Some states also have their own rules for rounding time, adding an extra dimension of complexity to the issue. 

    This grey area is why pay to the punch is the gold standard for timekeeping. This approach will not only help your company identify exactly how long your employees worked, but also avoid these potential complications that can lead to wage and hour lawsuits.

    Invest in payroll technology

    These days, a manual timekeeping system is just going to hold you and your company back. Whether you use paper records or some other form of offline time tracking, these methods are inconsistent and time consuming. That combination is only going to make matters worse if your company is ever hit with a dispute.

    Payroll technology is designed to simplify timekeeping and keep your business compliant with wage and hour regulations. Cloud-based timekeeping tools like GMS Connect offer a variety of key advantages for small business owners. 

    For example, timekeeping software makes it easier to track exactly when employees clock in and out for work and avoid issues with rounding. Technology also helps you streamline payroll management, giving you real-time calculations of employees’ pay and allowing both you and your employees to access schedules, hours, and other details from anywhere with a secure connection.

    Work with payroll experts

    It’s not easy to manage payroll for a small business. A simple timekeeping mistake can lead to a serious compliance issue that turns into a lawsuit. That need for payroll expertise is exactly why small businesses shouldn’t face these threats alone.

    GMS partners with small businesses to help them take control of their payroll administration. We can provide your company with a comprehensive web-based payroll solution to not only keep your business compliant, but also save you both time and money. You’ll also have access to a dedicated GMS payroll processor and other experts who can answer your questions and help you stay on top of new regulations, state laws, and timekeeping trends.

    As a Professional Employer Organization, GMS is here to make your business simpler, safer, and stronger. Contact GMS today about how we can help you with payroll administration and other critical HR functions.