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  • The holidays are typically a time of joy and celebration, but they also require business owners to make some additional considerations about holiday pay. This type of pay makes it possible for employees to stay home for a selection of holidays and still get paid for those days. However, this benefit isn’t always a guarantee depending on the needs of your business. 

    Are you unsure about how to handle holiday pay for your business? We broke down some common holiday pay questions to help you determine how holiday pay can affect your business and the best plan of action for your specific situation.

    A piggy bank with Christmas lights representing holiday pay. 

    Do Businesses Need to Provide Holiday Pay?

    While many businesses offer holiday pay, it is not a legal requirement. According to the Department of Labor, “The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations or holidays (federal or otherwise).” In essence, a holiday is treated just like any other workday. As such, employers would only pay non-exempt workers for the time they worked (exempt employees would simply receive their normal salary regardless of whether they had the holiday off or not).

    While holiday pay isn’t required, employers may opt to provide it to employees. The terms of the holiday pay is subject to an agreement between the employer and its employees, although you aren’t required to pay a premium rate specifically for holiday pay.

    Do Businesses Need to Provide Time Off for Holidays?

    As with holiday pay, employers are not required by federal law to provide time off on the holidays and may choose to close for certain holidays on their own. Holidays are considered regular workdays, so any employee who works those days is entitled to normal pay as opposed to overtime pay. 

    The one exception in regards to time off for certain holidays is that employers are expected to provide reasonable accommodation for any employees that observe a religious holiday. One way to accommodate this would be to provide floating holidays that allow workers to use their time off for an observed holiday. Other options include allowing employees to take a vacation day or unpaid time off for a specific holiday unless the employer can show that their absence would create undue stress for the business.

    What are the Benefits of Offering Holiday Pay?

    There are a couple reasons why you may decide to provide holiday pay. One reason is to give workers a chance to celebrate various holidays with their family and friends without having to worry about how that time off will affect their paychecks. By offering some of these days off along with holiday pay, you can show your employees some appreciation for their hard work throughout the year.

    Another reason why you’d offer some holidays off with pay is to make your company appear more competitive in the hiring process. While a holiday may be the same as any other day in terms of pay, they can feel a lot more important to your employees. Offering those days off with pay can help make a difference when trying to attract and retain talented people.

    Are All Employees Entitled to Holiday Pay if It’s Offered by the Company?

    If you decide to offer holiday pay, you don’t have to provide it to all your employees. As long as the basis of choosing who gets holiday pay isn’t discriminatory, you can provide the benefit to some employees and not others. For example, you can opt to provide holiday pay to only full-time employees or office workers if you so choose. However, you can’t base your decision on a protected classification such as age or race.

    How Should I Set up a Holiday Pay Policy?

    Since you dictate the specifics of your holiday pay policy, it’s important to include that policy in your employee handbook and communicate it to your employees. This will allow you to clearly list the exact details of your policy if you decide to provide certain holidays off and if you choose to provide holiday pay. The details of this policy should include:

    • A list of dates designated as holidays (whether it follows the list of federal holidays or a modified list)
    • Which employees are eligible for holiday pay
    • The rate for holiday pay or if there are any bonuses attached to working a holiday
    • How a paid holiday works if they fall on a weekend

    What’s the Right Call for My Business?

    Ultimately, the decision of whether you want to provide holiday pay or not is up to you. Some businesses that employ multiple non-exempt employees may not have the funds to provide pay for days off, while others may require people to regularly work on holidays. Each case is different, so it’s best to find an option that makes sense for your business.

    Running a business involves making several important decisions. This responsibility requires a lot of time and effort from any business owner, but you don’t need to handle this load alone. At GMS, our HR experts can help you manage a variety of key business functions ranging from payroll to benefits administration. When you need assistance, we can provide the services and expertise necessary to keep your business prepared for the future.

    Ready to talk to an expert about holiday pay or any other business need? Contact GMS today to talk to us about how we can help your make your business simpler, safer, and stronger.

  • As a business owner, you have to make countless decisions about the types of benefits your business offers. From health insurance plans to PTO, your benefits package impacts your employees and your bottom line. Deciding on the type of benefits you want to offer your employees, like maternity and paternity leave, can be a tricky situation.

    Two new parents with their baby while on maternity and paternity leave from their employers. 

    Is My Business Required to Offer Maternity and Paternity Leave?

    The answer to that question depends on the size of your company and its location. Maternity and paternity leave is regulated by U.S. labor law, which includes the Family and Medical Leave Act of 1993 (FMLA). This law applies to any employee who has worked for your company for at least 12 months and has logged at least 1,250 hours in that span. Any employee who meets FMLA criteria is then able to take up to 12 weeks of unpaid leave in a 12-month period for any of the following reasons.

    • The birth of a child and time to bond with that newborn child within one year of birth
    • The placement of a child for adoption or foster care and to bond with the newly placed child within one year of placement
    • A serious health condition that makes the employee unable to perform the functions of his or her job
    • To care for the employee’s spouse, son, daughter, or parent who has a serious health condition

    However, FMLA doesn’t affect every business. According to the Department of Labor, FMLA applies to “all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees” on a federal level. 

    There are some states with different rules in regards to which businesses are impacted by FMLA. For example, New Jersey updated its Family Leave Act to drop its threshold to 30 employees. In addition, New Jersey offers paid family leave. These individual state laws can differ dramatically from the federal norm, so you’ll want to check your local laws to see where your company stands in terms of your parental leave obligations. If your business does not meet the employee threshold for FMLA in your state, you are not required to provide paid or unpaid leave for maternity and paternity leave.

    Should I Offer Maternity and Paternity Leave Benefits Anyway?

    Even if FMLA doesn’t apply to your business, you may want to consider some form of maternity and paternity leave for your employees. There are advantages and disadvantages associated with your various parental leave options, so it’s important to identify some factors that may impact your decision.

    The costs of offering leave

    Your parental leave policy can have different financial impacts. Not offering a leave policy is the lowest cost option, at least in terms of how it’ll impact your day-to-day operations. Conversely, paid leave means that you’re still on the hook for paying your employees while they’re out of the office. In addition, the following factors can affect your bottom line whether you offer paid or unpaid leave:

    • The impact of lost productivity while your employee is on leave
    • The cost of a temp worker to pick up the extra work
    • The cost of covering benefits while an employee is gone

    All of these factors can add up, which can make the decision to offer some form of paid or unpaid parental leave a pricy policy. However, it’s important to also consider the financial impacts of not having a formal maternity or paternity policy.

    No maternal or paternal leave policy can be a big reason as to why an employee leaves your company – or why a potential job candidate accepts a job somewhere else. If a talented employee plans on having a child at some point, he or she may look for other opportunities to cut down on the amount of stress after childbirth and afford them more time to bond with that child. In fact, a study by the Center for Women and Work at Rutgers found that women are “93 percent more likely to be working nine to 12 months after giving birth than those who didn’t take leave.”

    Not only will that departure affect your business’ productivity, replacing that employee can cost as much as half of his or her salary. If you’re in a position where you want to avoid turnover, some form of parental leave policy may be the more cost-effective solution in the long run.

    Employees want paid leave

    Just how attractive is an opportunity for paid leave to a typical employee? BenefitsNews shared the results of a survey that asked workers about the most desirable benefits outside of health insurance and retirement plans. Paid family leave eked out flexible/remote work options as the most coveted option, which can make it a very desirable option to help you attract and retain talented employees.

    The growing desire for parental leave benefits hasn’t gone unnoticed. According to SHRM, more business have offered paid parental leave in recent years. The number of business offering paid maternity leave has nearly tripled between 2014 and 2018, rising from 12 percent to 35 percent. Paid paternity leave wasn’t far behind, increasing from 12 to 29 percent in that time.

    What are Some Parental Leave Options for a Small Business?

    Now that you’ve weighed a few factors that may impact your decision on whether you should or shouldn’t offer maternity and paternity leave. There are a few different options you can take based on the needs of your company.

    • No parental leave
    • Unpaid parental leave
    • Paid parental leave
    • A combination of paid and unpaid parental leave

    So which is the best choice? Ultimately, the decision lies with what’s right for you and your company. You’ll need to balance the financial implications along with how your policy can impact your employees, which requires an internal perspective from someone who knows and understands the company. 

    You’re the best person to judge which type of maternity and paternity leave policy works for your company, but you don’t have to make this call alone. At Group Management Services, we can help you determine which route may be best for your particular situation and put together a company policy to keep your employees informed (and protect you from potential claims). Contact GMS today to talk to one of our experts about how we can help you strengthen your business through employee benefits administration and other key HR functions.

  • After years of proposed changes to overtime laws, the Department of Labor (DOL)’s new updates finally went into effect at the beginning of 2020. The new salary levels make roughly 1.3 million more workers eligible for overtime pay. This news means business owners across the country may have some work to do to keep up with these changes.

    While the new standard salary level is a notable difference, it’s not the only change the DOL made. The department also revised rules for highly-compensated employees, regulations on overtime pay calculations, and other crucial details. To help, we broke down exactly what the DOL changed to help you know where your business stands and what you should do next.

    A clock tracking time for employees now eligible for overtime and papers documenting business numbers like regular rate calculations.

    Which Employees are Now Eligible for Overtime?

    Currently, the Fair Labor Standards Act sets the salary threshold for overtime at $35,568, which equates to $684 per week. Previously, the threshold was $23,660, or $455 per week. Those employees who meet the requirements set by the DOL are entitled to earn overtime pay for any hours worked past 40 in a given week. The pay for those extra hours is set at one-and-a-half times that employee’s standard rate of pay, which is the same as before. 

    In addition, highly compensated employees must now earn at least $107,432 ($684 of which must be paid weekly as either a salary or fee) instead of the old rate of $100,000. The new rules also maintain that employers can count annual (or more frequent) nondiscretionary bonuses and incentive payments as up to 10 percent of the minimum salary threshold.

    This salary threshold does not apply to all employees, however. The new rules still provide overtime protections to blue-collar workers, which means they are eligible for overtime even if they make more than $684 per week. Similarly, white-collar employees still do not receive these same overtime protections as long as they meet certain criteria for exemption. 

    In addition to meeting the new salary threshold, white-collar employees are considered exempt based on the duties they perform and if they’re paid a predetermined, fixed salary that is not subject to reduction. There were no changes to the preexisting duties tests, so owners can use the same criteria for exemption as in the past. For a detailed breakdown of those exact duties, check out our post on navigating white-collar exemptions.

    What Applies to Regular Rate Calculations for Overtime?

    Once you identify which employees are eligible for overtime pay, there’s still the matter of having to pay them for their extra hours. However, it’s not always easy to identify what affects an employee’s regular rate of pay.

    The FLSA identifies an employee’s “regular rate” as the rate that the employee is paid per hour. This doesn’t mean that the employee needs to be compensated on an hourly basis. Instead, it’s simply a calculation of how much the worker makes over the course of an hour compared to his or her salary, commission, and other compensation for all non-overtime hours worked in a workweek. As such, it’s relatively simple to calculate an employee whose compensation consists of only hourly pay – multiply that employee’s total hourly rate by the number of overtime hours worked.

    However, these calculations are much more complicated once you factor in other forms of compensation. The FLSA identifies that the rate should cover compensation that “include(s) all remuneration for employment paid to, or on behalf of, the employee,” such as bonuses, commissions and other forms of compensation. The DOL’s final rule added a list of exclusions that do not apply to overtime pay to address the confusion over what is considered part of the regular rate of pay. Per the DOL, these exclusions include:

    • The cost of providing certain parking benefits, wellness programs, onsite specialist treatment, gym access/fitness classes, employee discounts on retail goods and services, certain tuition benefits (whether paid to an employee, an education provider, or a student-loan program), and adoption assistance
    • Payments for unused paid leave, including paid sick leave or paid time off
    • Payments of certain penalties required under state and local scheduling laws
    • Reimbursed expenses including cellphone plans, credentialing exam fees, organization membership dues, and travel, even if not incurred “solely” for the employer’s benefit; and clarifies that reimbursements that do not exceed the maximum travel reimbursement under the Federal Travel Regulation System or the optional IRS substantiation amounts for travel expenses are per se “reasonable payments”
    • Certain sign-on bonuses and longevity bonuses
    • The cost of office coffee and snacks to employees as gifts
    • Discretionary bonuses, by clarifying that the label given a bonus does not determine whether it is discretionary and providing additional examples 
    • Contributions to benefit plans for accidents, unemployment, legal services, or other events that could cause future financial hardship or expense

    What Should an Owner Do About the New Overtime Rules?

    While some of the exact details have changed since the initial plans to update the overtime rules were announced back in March of 2019, our advice remains largely the same as it was that spring. First, you’ll need to evaluate your employees and identify who is now eligible for overtime and how much overtime you expect them to work (if any). If you do have employees who will now earn overtime, you’ll need to decide how you want to handle these new costs:

    • Pay newly-eligible employees overtime pay for the extra hours they accrue
    • Limit employees to 40 hours per week to prevent them from earning overtime
    • Determine how much certain employees would make in expected overtime and bump their pay to above the salary threshold if that ends up being less costly
    • Adjust salaries for new employees to account for expected overtime costs

    Each of these options has its own benefits and drawbacks, so deciding which route is best for your company largely depends on you and your workforce. Regardless of your decision, you’ll need to make sure that whatever you do ensures that your business is compliant with the new overtime rules so that you don’t open yourself up to thousands of dollars in fines and other potential penalties.

    How Can I Stay Ahead of New Regulations?

    The new overtime rules are just another major change that forces business owners to change how they manage their business. Unfortunately, you don’t always have the time or knowhow to keep up with new regulations. Fortunately, GMS can help you claim your time back and protect your business.

    As a premier PEO, GMS has the HR experts necessary to help you plan for the future and stay compliant with current laws. Our integrated HR system helps us take care of the administrative burden of payroll management, benefits administration, and other crucial human resources tasks for you so you have the time you need to focus on growing your business.

    Ready to stay ahead of new regulations and ease your administrative burden? Contact us today to talk to one of our experts about how we can strengthen your business.